What are interim measures?
Interim measures are court-ordered provisions that regulate the personal, family and financial situation of spouses and their children while separation, divorce or marriage annulment proceedings are ongoing. In other words, they apply from the moment they are requested or the claim is filed until the judge issues the final judgment.
Their purpose is to ensure that, during the court proceedings, the family’s daily life —and especially the children’s— remains stable and protected.
Contents
When do they take effect?
Interim measures may be ordered in two different ways, depending on when they are requested:
- Pre-action interim measures: these are requested before filing the separation, divorce or annulment claim, when the situation is urgent and cannot wait. The judge adopts them as a precautionary measure to regulate the family situation temporarily.
- Interim measures requested with the claim: these are requested together with the claim. The judge resolves them at the beginning of the proceedings, usually after a hearing with the parties.
What matters do they regulate?
Interim measures cover the main issues that affect the family during the court proceedings.
Measures concerning the children
- Child custody: who will have custody and how the arrangement will be organised.
- Visitation, stays and communication arrangements with the non-custodial parent.
- Child support: amount, payment method and needs covered.
- Use of the family home, especially when there are minor children.
Measures concerning the spouses
- Allocation of the use of the family home when there are no minor children.
- Interim spousal maintenance, where applicable.
- Distribution of marital expenses, such as the mortgage, utilities or other common expenses.
- Measures concerning common or community property, such as a prohibition on disposing of certain assets without the other spouse’s consent.
How long do they last?
Interim measures remain in force while the proceedings are ongoing. When the judge issues the final judgment, they are replaced by the final measures established in that decision.
If the proceedings end due to withdrawal, closure of the case or an agreement between the parties before judgment, the interim measures cease to have effect under the terms applicable to each case.
Can they be modified?
Yes. If relevant changes occur during the proceedings —for example, one parent loses their job, changes residence or the children develop a new need— either party may request the modification of the interim measures already adopted.
Once the final judgment has been issued, any subsequent changes must be dealt with through a modification of measures procedure.
Practical summary
| Question | Answer |
|---|---|
| What are they? | Temporary measures that regulate the family situation while the proceedings are ongoing. |
| When are they requested? | Before the claim, as pre-action measures, or together with the claim. |
| What do they regulate? | Custody, visitation, child support, the family home, financial expenses and other urgent matters. |
| How long do they last? | Until the final judgment is issued or until they cease to have effect because the proceedings end. |
| Can they be changed? | Yes, if relevant circumstances arise during the proceedings. |
For a more practical explanation, you can read our article on what a divorce settlement agreement should include and what mistakes should be avoided.