Preliminary provisions

Immediate Measures for Peace During Your Divorce

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What are provisional measures?

During a divorce proceeding, conflicts may arise over important matters such as child custody, alimony, or who may remain in the shared residence. A provisional measure offers a temporary legal solution that provides peace and clarity until the court issues a final decision. This ensures that the most critical matters are addressed immediately, so you are not left in uncertainty during the proceedings.

Use of the property

During the divorce proceedings, the judge may decide which of the partners is allowed to temporarily remain in the shared residence. This can help reduce tensions and provides clarity, ensuring that one of the partners maintains a stable living environment during the divorce.

Child Support

Provisional measures may also concern the payment of child support. The court can establish a temporary arrangement, whereby one of the parents is made responsible for financially contributing to the upbringing and care of the children, until a final arrangement is reached.

Spousal support

If one of the partners is financially dependent, the court may determine that temporary spousal support must be paid. This measure ensures that the financially weaker partner has sufficient means to support themselves during the divorce proceedings.

Visitation arrangement for the children

A provisional visitation arrangement can be established to provide clarity regarding the children’s residence and how visitation with the other parent is organized. This is an important aspect to ensure stability and continuity in the children’s lives during the divorce process.

Division of care for the children

The judge can also make a provisional arrangement regarding who is responsible for the daily care of the children. This may mean that one of the parents temporarily assumes full care, or that a shared care arrangement is established.

The application for provisional measures

Provisional measures can be requested through a separate petition to the court. This request can be submitted simultaneously with the divorce petition. The purpose of these measures is to quickly establish stability in the most urgent matters, such as child custody or spousal financial support. The measures remain in effect until the court has made a final decision.

Are you uncertain about the approach to your provisional measures during your divorce proceedings? We offer second opinions to assist you in making the best decisions. Contact us for expert legal advice.

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