Page 144 - The Circle of Life
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as countries tend to protect their own more than foreigners. This is not officially
admitted for obvious reasons.
Rule 43 Application
I like the rule 43 application as it is designed to level the playing fields by giving
tempory (until the court case is finished) relief to the applicant but from what I
see on the Internet discussion groups most men dislikes it intensely as being
unfair to them. Get a helmet and cry me a river I say. This application to court is
only done because you failed miserably to do the honourable thing which is to
take care of your wife and children as is your duty until the final divorce order
takes over.
So what happens? Well, the husband typically leaves the common household to
live on his own or with his new girlfriend spending all his money on her because
he completely forgot that he will now pay for two households and the new one
who wants to be entertained lavishly as is the way with new lovers. Thus he
pays nothing to his real (still married) wife causing much suffering. It may also
be a tactic to keep her away from lawyers.
The law does not take kindly to such behaviour and thus something we call a
rule 43 which will force him (if he has money) to pay maintenance until the case
is finished. It will also demand a contribution towards the costs of the divorce
and deal with custody (who keeps the child or where he lives) and access to him
(when and where and how long under supervision or not).
The strange thing about this rule 43 is that it cannot be appealed because it is
not a final order as it is replaced with the order or divorce (always with a
settlement) at some stage. This works both ways for it means that the applicant
needs to be very sure on what she claims and the payer will be forced to pay
that amount granted by the court. It cannot be changed afterwards.
I note as I read the horror stories that many claim that the expenses were
falsified and increased to gain more money. I really want to warn you that if you
are caught doing this you will be prosecuted for fraud. It is important to be
honest in pleadings since anything else will lead to a miscarriage of justice. That
always comes back at you at some stage.
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