Interim Measures and Protection in Divorce

Interim Measures in a Divorce Case

While the case is pending, it may be necessary to establish a temporary arrangement for the spouses’ housing and livelihood, the management of assets and the care of the children. Under Article 169 of the Turkish Civil Code, the judge may take the necessary interim measures for the duration of the case.

Depending on the conditions of the specific case, the following requests may be assessed:

Regulation of temporary custody of the child
Establishing temporary personal contact with the child or, where there is a risk, restricting the contact
Interim maintenance for the spouse or the child
Determining the temporary use of the joint residence and the household goods
An annotation of the family residence or a restriction on the spouse’s power of disposal
An interim injunction based on a concrete danger with respect to particular assets
Protective and preventive measures under Law No. 6284 in cases of violence, threats, persistent stalking or a safety risk

Interim measures do not predetermine the outcome of the divorce case. The type, scope and duration of a measure are assessed within the framework of the concrete risk, the evidence, proportionality and, where there is a child, the best interests of the child. Where there is an urgent safety danger, the application routes under Law No. 6284 may come into question without waiting for the divorce case to be filed.

If the spouses’ common life has ended for a justified reason, measures concerning the spouses’ financial contribution, the use of the home and household goods and the management of assets may come into question even before a divorce case is filed or without a divorce being requested directly. These requests under Article 197 of the Turkish Civil Code must be assessed as distinct, in legal basis and scope, from the interim measures taken during a divorce case.

If violence, threats, insults, persistent stalking, injury or an act against a child also constitutes a crime, protective and preventive measures and the criminal investigation may be conducted independently of each other but in a coordinated manner. An application for a protective measure does not replace an application that, depending on the nature of the incident, must be made to the Office of the Chief Public Prosecutor (Cumhuriyet başsavcılığı) or to law enforcement.

Situations That May Require Legal Assessment Without Delay

Depending on the nature of the incident, the following situations may give rise to a need for an application or the preservation of evidence without delay:

Physical, psychological, sexual or economic violence; threats or persistent stalking
The safety of the child, neglect or the risk of abduction
Preparations to take the child out of the city or the country without the knowledge of the other parent
The risk that the family residence or particular assets will be transferred, concealed or disposed of
The danger that bank accounts, company shares, real estate or other records will be altered
The risk that electronic evidence will be deleted or become inaccessible
Parallel proceedings in a foreign country, an approaching hearing or service of documents
The possibility that the statutory period for a special ground for divorce will expire
An approaching time limit for the answer, the counterclaim, the appeal (istinaf) or the appeal on points of law (temyiz)

The need for assessment without delay does not mean that a particular application will necessarily be accepted or that the requested measure will be granted. The appropriate route is determined by examining the available documents and risks.

Consultation and Scope of Services

Summarize the events in chronological order; if there is one, state the notification, the judgment and the approaching time limit. Before sharing sensitive documents, the necessary scope and the method of sharing must be determined.

Advisory work, litigation, legal remedies and post-judgment matters, as well as fees and expenses, are agreed separately.

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Legal basis

Depending on the nature of the claim, the Turkish Civil Code and the relevant provisions on procedure, protection and private international law apply together.

Divorce Services and Other Guides

This content is general information. It does not replace a review of the specific file. Submitting an inquiry alone does not create an attorney–client relationship and does not stop statutory time limits.