Rule 43: interim maintenance, care, contact and a contribution to costs
What a spouse can ask a High Court for while a divorce is still running, what each side files and when, and what the court can do.
- Last updated:
- 14 November 2026
- Checked against the law:
- 14 November 2026
The short answer
A divorce can take a long time. While it runs, either spouse can ask the High Court for temporary orders under Rule 43: maintenance, a contribution to the legal costs of the divorce, and the interim care of and contact with a child. It is decided mostly on two sworn statements, one from each side.
At a glance
- What it is for
- Temporary orders during a divorce
- They last until the divorce itself is decided.
- Which court
- The High Court
- Rule 43 is a High Court rule. The Regional Court has its own rule, Rule 58, which this guide does not cover.
- How it is decided
- On sworn statements
- One from each side. The court can hear further evidence if it thinks it necessary.
- Time to reply
- 10 days
- From receiving the application.
What you can ask for
Rule 43 covers four things, and only these
- Maintenance while the divorce is pending
- A contribution towards the costs of the divorce, whether it has started or is about to
- The interim care of a child
- Interim contact with a child
Step by step
The application
- Who:
- The spouse who is asking
A sworn statement, set out like a formal claim, saying what is asked for and on what grounds. A notice to the other spouse goes with it, in the form the rules prescribe.
The reply
- Who:
- The other spouse
- How long:
- Within 10 days of receiving it
A sworn reply, set out like a formal defence.
The hearing
- Who:
- A judge
The court can hear whatever evidence it considers necessary.
The order
- Who:
- The court
The court can dismiss the application, or make any order it thinks fit to reach a just and quick decision.
Other routes to temporary help
Maintenance court
Maintenance Act, section 10(6)
Where there is no maintenance order yet and the enquiry has to be postponed, the maintenance court can make an interim order if the child would suffer undue hardship from the delay.
A protection order
Domestic Violence Act, section 7
Where there is domestic violence, a court can order emergency money, order rent or bond payments to continue, and deal with contact with a child.
What goes wrong
A statement that is not a statement of claim
The rule asks for a sworn statement "in the nature of a declaration". In the case this guide relies on, the court raised that the applicant's statement did not meet that description.
Worth checking: that the sworn statement says exactly what is asked for, and why.
Missing the ten days
The reply is due within 10 days of receiving the application.
Worth checking: the date the application reached you.
Asking for something the rule does not cover
Rule 43 applies to maintenance, a contribution to costs, interim care and interim contact.
Worth checking: the list of four above.
Arriving without figures
The court decides mostly on what the two statements say.
Worth checking: that income, expenses and the children's costs are set out and can be shown.
What to gather
What the statements are built from
- What you earn, with payslips and bank statements
- What you and the children spend in an ordinary month, item by item
- What you know of the other spouse's income and assets
- The children's present arrangements: where they sleep, who fetches, who pays
- What the divorce is costing so far, and an estimate of what is still to come
What this means for you
An interim order sets the pattern while the divorce runs, and it is made quickly on paper. The figures in your statement do most of the work.
Sources
Every legal statement in this guide comes from one of these. We checked each statement against its source. A legal practitioner has not reviewed this guide.
Independent. Not a law firm. Legal information, not legal advice.