The High Court considered whether a Rule 43 maintenance order survived after a divorce decree that made no maintenance provision for the children. It held that the Rule 43 order lapsed on divorce and remitted the matter for an expedited maintenance enquiry before a different magistrate.
This appears to concern post-divorce child maintenance and the treatment of interim maintenance orders.
Evidence from source
The appeal succeeds. 2. The determination of the maintenance court that the Rule 43 order remained in force after the granting of the decree of divorce is set aside.
Supports: Plain summary: the court held the Rule 43 order lapsed after divorce and set aside the contrary maintenance court determination.
The matter is remitted to the maintenance court for an expedited enquiry into the maintenance of the minor children.
Supports: Plain summary: the matter was sent back for an expedited maintenance enquiry.
In determining the appropriate relief, the maintenance court shall, insofar as the evidence warrants, consider the parties’ respective liability for expenditure incurred in meeting the reasonable maintenance needs of the minor children
Supports: Plain summary: the remitted enquiry is to consider liability for maintenance expenditure incurred between divorce and the later order.