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  • Ruan Vd Merwe

INTERIM MAINTENANCE - RULE 43

The Full Bench of the Johannesburg Division of the Gauteng High Court has handed a judgment relating to Family Law and more specifically Rule 43 proceedings and determination of maintenance, etc. This emanated from a difference of approach by various Judges to the issues in question and the purpose of the decision was to hand down a judgment which will ensure uniformity in the approach of the Court as well as the Regional Court in the issue of determining maintenance etc.


In essence, the decision requires a substantial and thorough investigation into the financial position of both parties to a divorce matter. A questionnaire is to be completed, approximately twenty pages, giving full and comprehensive details of assets, investments, income, expenditure etc.


The Court has also indicated that the Rules Board must amend the Rules of the Court to provide for the aims of the judgment and also for the Judge President to issue Practice Rules to give effect to the decision pending the amendment of the Court Rules.

As soon as we have the judgment in hand, we will furnish more details regarding the judgment.


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