Temporary measures to protect assets and children
before the judgment

Three temporary measures and how they differ

Prior disposition: a temporary order from the court

Once a lawsuit is filed or a petition for a ruling or application for mediation is made in a family case, the family court, mediation committee, or mediating judge may issue a prior disposition on a party's application or on its own initiative if it considers this especially necessary to resolve the case. The order has two main types of content: preventing the other party or related persons from changing the current state of affairs or disposing of property, and ordering measures appropriate for preserving property or for the care and upbringing of the children (Article 62(1) of the Family Litigation Act). When the situation is urgent, the presiding judge or the head of mediation may issue the disposition alone, and a party who objects may file an immediate appeal (paragraphs (3) and (4) of the same Article).

In practice, it is mainly used to decide who will care for the children during the lawsuit, how much temporary child support will be paid, and how visitation will take place. However, a prior disposition alone cannot be enforced by compulsory execution (paragraph (5) of the same Article). When issuing the disposition, the court gives notice of the sanctions for violation, and if a party fails to comply without a justifiable reason, the court may impose an administrative fine of up to KRW 10 million (Articles 62(2) and 67(1)).

The application must show concretely why you cannot wait for the judgment. Materials such as how contact was cut off after the other spouse took the child, the child's current living environment and school or daycare records, and the date and amount of living expenses that stopped make the application more persuasive. A prior disposition is a temporary decision made before the main ruling, but if that state continues for a long time, it can in effect influence the later decision on the custodial parent, so it deserves careful effort from the start of the case.

Provisional attachment and injunctions: actually freezing assets

To place real restrictions on assets, you need provisional attachment or a provisional injunction. The family court may grant these preservation measures where the main case is a family litigation case or a Category Ma non-contentious family case, and the preservation provisions of the Civil Execution Act apply to the procedure (Article 63(1) of the Family Litigation Act). For example, you can provisionally attach real estate or deposits in the other spouse's name to secure compensation for non-economic damages or a property division award, or freeze real estate subject to division with a provisional injunction against disposal.

• Security · The family court may rule without requiring security (Article 63(2)). Whether security is actually required is at the court's discretion in each case.
• Link to the main lawsuit · If the other party applies for an order to file the main suit, the court orders that the main suit be filed within a period of at least two weeks, and if this is not done, the preservation measure is canceled (Article 287 of the Civil Execution Act). In family cases, applying for mediation is treated as filing the main suit (Article 63(3) of the Family Litigation Act).
• Materials for prima facie showing · Prepare the length of the marriage, how the property was built up, property in the other spouse's name, and circumstances showing a risk of disposal, such as listing property for sale, taking out loans, or moving money.

Which assets to target is also part of the strategy. If you need to protect the specific real estate you expect to receive, use a provisional injunction against disposal; for monetary claims such as a property division award or compensation for non-economic damages, use provisional attachment of deposits, real estate, or lease deposits. Freezing a scope that is far too broad relative to the claim can provoke an objection or an application for cancellation by the other spouse, so calculate the expected division amount with supporting grounds.

If assets have already been moved

If one spouse disposed of property knowing that it would harm the exercise of the right to claim property division (officially “division of property”), the other spouse may ask the family court to cancel the disposal and restore the original state (Article 839-3(1) of the Civil Act). This claim must be filed within one year of learning the grounds for cancellation and within five years of the date of the juristic act (paragraph (2) of the same Article; Article 406(2)). As soon as you learn of the disposal, calculate the deadlines first.

If you do not know much about the other spouse's assets

If you do not know what assets exist, it is difficult even to apply for preservation measures. In such cases, in property division, support, or child support cases for minor children, the family court may order a party to submit a list of assets (Article 48-2 of the Family Litigation Act), and if that is insufficient, it may inquire with financial institutions and others about a party's assets (Article 48-3). The results of the inquiry may not be used for any purpose other than the ruling. Property division in general is covered in Property Division.

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026