Understanding Interim Financial and Other Relief During Divorce
Divorce proceedings can be lengthy and challenging, especially when one spouse urgently needs financial support. Fortunately, the law provides a way to get interim assistance through Rule 43 of the High Court and Rule 58 of the Magistrate’s Court.
This guide explains how you can secure temporary financial and other types of assistance during your divorce.
What is Interim Relief?
Interim relief is temporary assistance granted by the court while your divorce is ongoing.
This can include:
- Monthly cash payments for living expenses
- Delivery of essential items like a vehicle or furniture
- Contributions towards purchasing necessary items or paying a rental deposit
- Medical care and related expenses
Interim relief can be requested before the divorce summons is issued, at the time of issuing, or after the other spouse has indicated their intention to defend the divorce.
How to Apply for Interim Relief
The process for applying for interim relief is designed to be quick and efficient. Here’s how it works:
- Prepare Your Application: Gather all relevant information about your financial situation and needs. This includes details about your income, expenses, and any urgent needs for yourself or your children.
- Submit to the Court: The application must be submitted with all necessary documents. The court will review the submissions and make a decision based on the provided information.
- Court Decision: The court will make a summary decision, which cannot be appealed. This decision will provide temporary relief until the divorce is finalised.
Types of Interim Relief
Interim relief isn’t just about financial support. It can also include:
- Child Care and Contact: Temporary arrangements for the care and contact of minor children.
- Legal Costs: Contributions towards the expected costs of the divorce proceedings.
- Application Costs: The court may order the other spouse to pay the costs of applying for interim relief.
Modifying Interim Orders
If circumstances change significantly after the court has granted interim relief, such as a job loss, you can request the court to amend the order to reflect the new situation.
Interim relief can provide crucial support during the stressful time of divorce proceedings. If you think you may qualify for interim relief or have any questions about the process, it’s important to seek professional legal advice.
We can help assess your situation and guide you through the application process to ensure you get the support you need. Contact us to schedule a free 15-minute telephone consultation or a reduced-fee initial meeting.
