Hammond Pole Attorneys has urged divorcing spouses to prepare comprehensive and accurate interim maintenance applications following a Supreme Court of Appeal ruling confirming that such orders cannot be appealed and may only be varied under limited circumstances. The firm emphasises the importance of full financial disclosure, realistic budgeting and compliance with maintenance orders, warning that non-payment can result in enforcement action, criminal penalties and adverse credit consequences.
Spouses going through a divorce who need financial support while the case is under way should prepare their first interim maintenance application thoroughly, according to Hammond Pole Attorneys. The advice follows a Supreme Court of Appeal judgment handed down in March this year, which found that these interim orders cannot be taken on appeal.
In the High Court, interim relief pending a divorce is sought under Rule 43 of the Uniform Rules of Court. In the Regional Court, the equivalent is Rule 58 of the Magistrates' Courts Rules. Courts use these rules to order maintenance for a spouse and minor children until the divorce is finalised and can also deal with contact arrangements and contributions to legal costs. The applications are mostly decided on affidavit, which is meant to keep them quicker and cheaper than a full trial.
In B E v N T and Others (505/2025) [2026] ZASCA 25, decided on 11 March 2026, the Supreme Court of Appeal confirmed that interim orders made under Rule 43 are not appealable. Section 16(3) of the Superior Courts Act 10 of 2013 expressly excludes an appeal against orders concerning maintenance pending divorce, contributions towards legal costs, and interim care or contact. A party may apply for variation under Rule 43(6), but this is not an opportunity to appeal or rehear the original application and will ordinarily require a material change in circumstances.
“Because the order cannot be appealed, the first application is critically important and will ordinarily regulate the parties’ position until the divorce is finalised, unless the order is subsequently varied,” says Elandri Brecher, attorney at Hammond Pole Attorneys. “The court generally decides the application on the affidavits and financial documents placed before it. We often see people underestimate their monthly expenses or fail to present a complete picture of their income, and once the order is granted it can be difficult to revisit.”
Applicants should disclose all material sources of income, assets, liabilities and recurring expenses and should support the figures with appropriate documents. These may include bank statements, payslips, tax information, medical-aid statements, school accounts, proof of accommodation expenses and a schedule of the children’s monthly needs. A respondent should likewise provide complete financial disclosure and deal specifically with each amount claimed rather than merely stating that it is unaffordable.
Once a maintenance order is in place, the Maintenance Act 99 of 1998 provides several enforcement mechanisms, including execution against property, attachment of remuneration and attachment of debts. Failure to pay maintenance without a lawful excuse may also constitute a criminal offence. Following the granting of an enforcement application, or a criminal conviction for non-payment, the defaulter’s particulars may be furnished to credit providers or credit bureaus, potentially affecting the person’s ability to obtain credit.
“Some parents reduce or stop their payments when money gets tight, without going back to court,” Brecher says. “That puts them at risk of enforcement action and could affect their credit record. If your income has dropped, go back to court and ask for the order to be varied, preferably before you fall into arrears.”
“Divorce may end a marriage, but it does not pause the bills. Interim maintenance is what keeps a family financially afloat while the legal process runs its course,” says Brecher.
Hammond Pole Attorneys suggests that anyone planning to bring or oppose an interim maintenance application build a realistic budget of monthly expenses before seeing an attorney. Parents who receive maintenance are advised to keep a record of payments, as this will be needed if they have to enforce the order.
Hammond Pole's family law team assists with interim maintenance applications and related divorce matters. ENDS.
About Hammond Pole Attorneys
Established in 1981, Hammond Pole Attorneys is a full-service South African law firm with more than 450 professionals. The firm's practice areas include property and conveyancing, litigation, debt recovery, family law, commercial law and estate administration. Serious About Service.
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