Interim Measures in Divorce Proceedings

Which Need Does an Interim Measure Address?

Where Turkish law applies, Article 169 TMK regulates necessary measures concerning accommodation, subsistence, management of property and children's care. The judge's role is not confined to the final divorce judgment. Interim maintenance, use of the home or a child's temporary living arrangements may be considered during proceedings according to actual needs. Not every measure has identical requirements; the need the application addresses must be clearly explained.

Which Information Is Prepared for Children and Subsistence?

The child's age, school, health and care needs are presented alongside the parents' work arrangements and actual caregiving relationship. Regular rent, education, health and essential living expenses are listed with available documents. If you do not fully know the other spouse's income, say so; instead of presenting an unknown figure as certain, explain the employer, company or income connections requiring investigation.

How Are Property Protection and Protection against Violence Distinguished?

A measure under Article 169 TMK does not automatically impose an unlimited transfer ban on every asset. The asset to be protected, claim and present danger are specified. Family home protection, interim injunctions relating to matrimonial property claims and protection under Law No. 6284 are assessed on their own bases. Where violence or threats exist, there is no need to await divorce proceedings or a paid file review; urgent protection may be sought from the competent authority.

What Is Monitored after an Order Is Made?

The persons and institutions to be notified, the maintenance commencement date, payment records and child contact arrangements are checked. A change in circumstances may require reassessment of an existing measure. Jurisdiction and applicable conventions are examined separately for a child or spouse abroad; automatic implementation of a Turkish judgment in another country is not assumed.