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Question
Posted by: Nita | 2010/05/28

Reë l 43(6)

Dankie dat jy my vraag 156 vir my beantwoord het. Jy het daarin genoem dat ek eerder moet gaan vir reë l 43(6). Ek wil net graag weet hoe ek te werk moet gaan. Is dit nodig dat ek dit deur my prokureur moet doen of kan ek dit sommer self doen.

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Our expert says:
Expert ImageFamily law expert

Your Application to vary the existing order in terms of Rule 43(6) will fail.

Rule 43 (6) explicitly says that the Court 'may, on the same procedure', vary its decision in the event of a material change taking place in the circumstances of either party or a child, or the contribution towards costs proving inadequate.

The question therefor is 'what material change' have taken place?

You will need to bring a Application for variation under Rule 42 of the Uniform Court Rules, not Rule 43.

Best is to ask your attorney to assist.

Answered by:
Bertus Preller - Family Law Attorney
KWJ Inc - Cape Town
http://www.divorceattorney.co.za
info@divorceattorney.co.za

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Our users say:
Posted by: family law expert | 2010/05/29

Your Application to vary the existing order in terms of Rule 43(6) will fail.

Rule 43 (6) explicitly says that the Court 'may, on the same procedure', vary its decision in the event of a material change taking place in the circumstances of either party or a child, or the contribution towards costs proving inadequate.

The question therefor is 'what material change' have taken place?

You will need to bring a Application for variation under Rule 42 of the Uniform Court Rules, not Rule 43.

Best is to ask your attorney to assist.

Answered by:
Bertus Preller - Family Law Attorney
KWJ Inc - Cape Town
http://www.divorceattorney.co.za
info@divorceattorney.co.za

Reply to family law expert

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