C A Mather Incorporated

While the Divorce Carries On

Rule 43

The divorce could take forever. In the meantime how does mom cope, and what does she do?

In many divorce cases, the woman suffers and is frightened. She has to pay her attorney as well as schooling, food, clothing and a roof overhead. In the meantime the husband cuts of the supply of funds, and makes it very difficult for the wife.

Until 2017 our law determined that attorney and advocates fees had to be limited. In our view, there was good reason for this. Rule 43 was originally introduced to provide a quick and inexpensive remedy for parties facing divorce procedings to obtain interim orders.

Unfortunately, the powers that be decided that there should no longer be such a limitation, thereby effectively removing this remedy for all but the wealthy, which, again in our view, defeats the object.

Whilst we do agree that the limitation was a bit low, we do not agree that it should have been entirely removed. For this reason we still limit our fees and will only brief advocates that are prepared to do likewise. 

This rule also allows for a contribution towards your costs and a ruling with regard to custody and access while the fight continues.