Specialists in Civil Litigation, Family Law, Corporate and Commercial Law, Estate Planning & Insolvency.
Scholtz Attorneys, the best Divorce & Family law firm in Roodepoort, has been in practice for over 22 years and is established as professional and well-known in all spheres of Family Law, including Rule 43 Applications. Our senior attorney, Mr Jaco Scholtz, was admitted as an attorney in 1997 and has practised successfully under the Scholtz Attorneys banner since 1998.
Our well-established, specialist divorce lawyers will afford you professional knowledge, experience, personnel, and infrastructure that enable us to render the best quality of service to all our clients. All the attorneys and other legal employees at Scholtz Attorneys are the most competent staff purposely selected to afford you, our clients, the best possible legal service at a competitive price.
There are instances during Divorce proceedings where one of the parties need assistance in either a contribution towards the legal fees of the Divorce or interim care or contact with any minor child. The other need could be maintenance pending the outcome of the divorce proceedings. In these cases for assistance, the Applicant can seek a Rule 43 application to a High Court for interim relief in matrimonial matters.
When a plaintiff is a party requiring interim maintenance, Rule 43 is usually instituted simultaneously with the divorce summons. On the other hand, when the defendant needs interim maintenance, the Rule 43 Application is simultaneously launched when filing a notice of intention to defend. The Rule 43 Application is also instituted later for any party’s needs or needs of any minor children.
The Applicant must complete an affidavit and submit it to Court, which will serve it on the other party.
The Court require two affidavits to argue the matter in Court. The party who received the Applicants affidavit, the Respondent, are granted an opportunity to respond to the testimony. When the Respondent files his response, and the matter is argued, the Court grants an order deemed suitable for the case. The Applicant can bring the Rule 43 Application when issuing the summons. When conditions change at one of the parties, that party may then approach the Court to amend the order. Rule 43 protects the Applicant and minor children from suffering when waiting for the finalisation of the Divorce.
An experienced Divorce and family law attorney is crucial in the Rule 43 Applications. It would be best if you had the expertise of a team of attorneys to guide and advise you on legal matters. It is such a vital part of your Divorce, and you owe it to yourself to engage the best lawyers to assist you. Don’t hesitate to get in touch with us today.
As a top law firm in Roodepoort and a top law firm in Johannesburg, our clients are of the utmost importance to us; we take much pride in developing mutually successful relationships with each one by investing time to get to know them, their needs, and their goals.
Scholtz Prok Attorneys in Roodepoort, Johannesburg, are specialists with Antenuptial Contracts, Commercial Law, Civil Litigation, Child Maintenance, Contested Divorce, Rule 43 Applications, Rule 58 Applications, Spousal Maintenance, Uncontested Divorce, Estate Planning, Family Lawyers, Child Custody, Fathers’ Visitation Rights, Fathers’ Rights, Mothers’ Rights, Parental Rights, Parenting Plan, Unmarried Fathers’ Rights, Unmarried Mothers’ Rights, and Insolvency.
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Scholtz Attorneys is a niche law firm specialising in Civil Litigation, Family Law, Corporate & Commercial Law, Estate Planning and Insolvency. Our attorneys strive to deliver expert legal services across South Africa and internationally. We serve within the jurisdiction of the Roodepoort, Randburg, Krugersdorp, Kagiso, Protea, Palm Ridge, Germiston and Pretoria courts.