Interim Orders While Your Divorce Is Pending

What is an interim order?

A divorce can take many months, but children still need care, bills still arrive and assets can still be moved.

An interim order is a temporary court order made while the divorce is pending. It keeps things fair and safe until the court makes its final decisions.

Interim maintenance

If you or your children would be left without support during the case, the court can order interim maintenance. The Act allows maintenance for a wife during the proceedings (Section 77) and for children while the case is pending (Section 93).

You apply with evidence of income, reasonable expenses and the needs of those to be supported. Clear figures help the court set a fair amount.

The interim amount is not always the final one. It can be adjusted when the court makes final orders.

Interim custody

If you cannot agree on arrangements for the children, the court can make an interim custody order. Section 88 lets the court make a custody order at any time.

The order sets who the children live with and how the other parent spends time with them. The court puts the children’s welfare first, and stability, routine and safety carry real weight.

Interim injunctions to protect assets

If you fear your spouse may sell, transfer or hide assets before they are divided, the court can make an interim injunction to stop it. This keeps the property in place for a fair division later.

You usually need to show a real risk, not just a suspicion. Evidence makes the application much stronger, and it works best before the asset has moved.

How do you apply?

You apply to the court with an affidavit, a sworn statement setting out the facts and why the order is needed now.

Your lawyer drafts the application and affidavit, gathers the documents and presents the request. The clearer your evidence, the better.

When to act

Apply when a real need or risk appears, not after the harm is done. Waiting can mean unpaid support or a lost asset.

Looking to engage a divorce lawyer? If something in your situation cannot wait until the divorce ends and you are unsure which interim order fits, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.