Rule 43 and Asset Protection During Divorce

Divorce is a major life transition that often brings financial uncertainty and emotional strain. In South Africa, the law provides important legal mechanisms to protect spouses during divorce proceedings. One of the most effective tools is a Rule 43 application, which plays a critical role in asset protection during divorce.

At Sekome Attorneys, we assist clients with Rule 43 applications, forfeiture of assets, and receiver applications, ensuring their rights and financial interests are protected throughout the divorce process.

What Is a Rule 43 Application in South Africa?

A Rule 43 application is a legal procedure used during divorce proceedings to obtain interim relief. It regulates the position of spouses while the divorce is pending and before the final divorce order is granted.

A Rule 43 application may include requests for:

• Interim spousal maintenance

• A contribution towards legal costs

• Interim care and contact arrangements for minor children

Rule 43 applications are commonly used where one spouse has greater financial control, to ensure fairness and balance during the divorce.

Why Rule 43 Is Important During Divorce Proceedings

Divorce matters, especially opposed divorces, can take time to finalise. During this period, one spouse may be financially vulnerable. A Rule 43 application helps to:

• Prevent financial prejudice

• Ensure continued financial support

• Maintain stability for children

• Regulate interim parental responsibilities and rights

South African courts consider the financial circumstances of both parties and the best interests of the child when granting Rule 43 relief.

Asset Protection During Divorce in South Africa

Asset protection is a key concern in divorce matters, particularly where there is a risk of unfair benefit, asset dissipation, or financial misconduct. South African family law provides additional remedies to protect the joint estate or individual assets.

Forfeiture of Assets in Divorce Matters

A forfeiture of assets application may be brought where one spouse would otherwise unduly benefit from the marriage. This remedy is especially relevant in marriages in community of property.

When deciding on forfeiture, the court considers:

• The duration of the marriage

• The conduct of the parties

• Each spouse’s direct and indirect contributions

The purpose of forfeiture of assets is to achieve fairness and prevent unjust enrichment.

Receiver Applications During Divorce

In certain high-conflict or complex divorce matters, the court may appoint a receiver to manage or protect assets. A receiver application may be necessary where there is:

• Risk of asset dissipation

• Mismanagement of joint finances

• Disputes over business interests or property

  
  

A court-appointed receiver operates under judicial supervision to preserve the value of assets until the divorce is finalized.

Rule 43 and the Best Interests of the Child

Where minor children are involved, South African law prioritizes the best interests of the child. Rule 43 applications help ensure that children continue to receive financial support, stability, and consistent parental care during divorce proceedings.

Why You Need a Family Law Attorney for Rule 43 Applications

Rule 43 applications and asset-related remedies require careful legal drafting, strategy, and procedural compliance. Errors or delays can result in financial prejudice or unfavourable outcomes.

At Sekome Attorneys, our family law services include:

• Drafting and opposing Rule 43 applications

• Advising on asset protection during divorce

• Assisting with forfeiture of assets claims

• Bringing or opposing receiver applications

  
  

We provide clear, practical legal advice tailored to each client’s circumstances.

Conclusion: Protecting Your Rights During Divorce

Divorce is one of life’s most important legal decisions. Understanding Rule 43 applications and asset protection during divorce in South Africa is essential to safeguarding your financial future and protecting your rights.

Sekome Attorneys is committed to providing trusted legal solutions that guide clients through divorce proceedings with professionalism, care, and confidence.

If you require assistance with a Rule 43 application, asset protection, or divorce proceedings, contact Sekome Attorneys for expert legal guidance.