Before a divorce is finalised, you can be entitled to spousal maintenance if your earning capacity is less than that of your spouse. This includes being retained on the Medical Aid. The Children’s Act sets out the parental responsibilities and rights applicable to divorces involving minor children, namely care, contact, guardianship and maintenance. Rule 43 proceedings are proceedings in divorce actions which you can bring to obtain a Court Order early in the divorce process to enforce your rights and be granted interim relief on these types of issues. In Rule 43 applications you can request an order that includes a contribution be made by your spouse towards your legal costs and orders for your spouse to continue to pay certain expenses so that you aren’t forced to incur these. You may also be entitled to certain proprietary claims even before the divorce is finalised, depending on the matrimonial property regime, even if this is just about being placed into possession of your own personal items or assets, in particular your personal effects.