A 43rd legal application can be filed at any stage of a divorce case, subject to the divorce law if it has already been filed and submitted. Rule 43 applications are available to any couple and do not apply to their gender, van Niekerk said.
“Contrary to many court cases, the request for Rule 43 gives the applicant an immediate relief. Applications can be completed within a few months unlike most previous applications, which can take months, or even years, to complete.
“The law on application of Rule 43 has changed dramatically in recent years unlike in the past, and now provides for the submission of a Financial Disclosure Form (FDF); which obliges couples to disclose all their assets, liabilities, income and their monthly expenses. ”
According to the recent orders of the Pretoria and Johannesburg Courts, both parties are required to submit a completed FDF under oath, with the documents agreeing, before a Rule 43 application can be heard, the legal expert said.
"The implementation of the FDF application in Rule 43 now gives both parties, indeed by the court, an internal view of the financial realities of both spouses. the spouse now acquires or owns it, "said a legal expert. Changes in marriage and divorce
Data published by the Department of Social Development in 2021 shows that South Africa has witnessed a dramatic decline in traditional "nuclear" families, with similar changes in divorce rates and marital rates seen in the past decade.
Registered marriages declined sharply in the last 10 years between 2008 and 2017, declining from 186,522 in 2008 to 135,458 in 2017. A similar decrease was observed in customary marriages, and in 2017, only 2,588 customary marriages were registered. This is the biggest drop from 16,003 customary marriages recorded a decade in early 2008.
Other sources indicate that there has been a steady increase in divorce rates throughout the country.
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