Page 144 - The Circle of Life
P. 144

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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