QUICK ANSWER
The legal position in one minute
Article 169 of the Turkish Civil Code directs the judge to take necessary temporary measures concerning the spouses’ accommodation, livelihood, management of property and care and protection of children while divorce or separation proceedings continue. Safety orders under Law No. 6284 and procedural injunctions may follow separate legal routes.
01
What Article 169 can address
Once a divorce or separation case is filed, the court considers measures needed during the proceedings. Common subjects include who uses the family home, temporary support, interim care of children, contact and management of marital property.
The proposed order should identify the person, amount, date, place and practical method. A general request to take all measures gives the court less useful information than a focused plan supported by a monthly budget, care schedule and specific risk evidence.
02
Temporary custody and contact
Interim child arrangements should stabilise schooling, health care, daily care and safe contact while evidence is gathered. The child’s interests control; temporary placement is not a reward or automatic prediction of the final order.
Provide a realistic weekly schedule, travel time, handover method and any supervision or communication needs. If a border move is threatened, state passport, nationality, habitual-residence and travel facts immediately.
03
Temporary maintenance and household expenses
A maintenance request should show actual income, earning capacity, essential expenses, care duties and access to resources. Bank movements, payroll, rent, utilities and child expenses are more useful than an unsupported total.
A temporary amount may later be reviewed as evidence changes. Record unpaid instalments carefully because enforcement questions can arise before the divorce itself becomes final.
04
The marital home and preservation of assets
Use of the home, a family-home annotation and an injunction against a defined transaction are different measures. Identify ownership, tenancy, mortgage, occupants and the precise disposal or access risk.
An asset-preservation request must be proportionate and connected to a legally pleaded claim. List exact bank accounts, vehicles, shares or properties where known and explain why later enforcement would otherwise become difficult.
05
When safety requires a separate route
Violence, threats, stalking or coercive control may justify protective and preventive measures under Law No. 6284 without waiting for the ordinary divorce timetable. Emergency safety should not be buried in a long financial petition.
Preserve police, medical, message and witness material safely. The urgent order, criminal process, custody plan and final divorce evidence should then be coordinated so that dates and allegations remain consistent.
DOCUMENT PREPARATION
Documents to organise before an initial review
Do not send originals until the receiving authority and required form have been identified. Begin with legible, complete copies and retain the source, page order and verification details.
- Current divorce petition and service documents
- Monthly income and essential-expense schedule
- Children’s school, health and care records
- Proposed temporary care and contact plan
- Title, tenancy, mortgage and utility documents
- Evidence of safety, disposal or overseas-removal risk
COMMON QUESTIONS
Questions international families often ask
Can temporary maintenance be ordered before the divorce ends?
Potentially. The court can address livelihood during the pending case under the interim-measures framework.
Does temporary custody decide final custody?
No. It stabilises the child during proceedings; final custody follows the complete evidence and the child’s interests.
Can the court stop an asset transfer?
A focused provisional request may be possible where the statutory conditions and a connected claim are shown. It is not an automatic freeze of all property.
Are protection orders the same as Article 169 measures?
No. They can overlap in practical effect but arise under different legal frameworks and should be requested accordingly.
PRIMARY MATERIAL
Official sources used for this guide
Legislation and treaty status can change. Open the official source and check the current text before relying on a rule for a live case.
Istanbul Bar Association lawyer • practising since 1999