Opposed divorces, where the parties can’t agree on the details of a divorce, can take a year or more to finalise. If one spouse earns very little and is the primary care giver for a child this can be a disaster, it would also be impossible for that spouse to be fairly represented because they would not be able to afford an attorney. Fortunately the courts have a relatively simple application process called a Rule 43 application which is intended to organise the following:
- Interim custody and access to any children
- Financial maintenance for the wife and children
- Interim financial contribution towards the legal costs of the divorce.
Typically the wife would use Rule 43 but it can also be used by the husband to gain access to his children.
The amount of maintenance the court grants is determined by looking at the income and expenses of both spouses. The skill of your attorney can make some difference in the size of the amounts awards but everything has to be backed up with proper documentary evidence so don’t expect anything too outrageous.