Preliminary disposition refers to a procedure in which the family court orders temporary necessary measures to protect the rights and lives of the parties and their children until a final judgment is made on the main case, such as divorce, property division, and custody.

Domestic cases, such as divorce lawsuits, can take a considerable amount of time as they go through mediation and trial procedures. However, if issues related to childcare, living expenses, housing, property management, etc. are not resolved while the lawsuit is in progress, irreparable disadvantages may arise for the parties or their children.

Accordingly, the family court may order temporary measures to the extent necessary for the welfare of the child and the stability of the lives of the parties even before the ruling on the main case, and this procedure is a preliminary disposition.

The family court can make various types of preliminary dispositions by considering the specific circumstances of the case and the welfare of the parties and children.

Representative examples include payment of child support, designation of temporary caregiver, decision on interview negotiation method, payment of living expenses and support, and measures to prevent property disposal. In cases where urgent protection is required, such as domestic violence, protective measures such as prohibition of access may be problematic.

If a party raising a child is unable to receive child support from the other party while a divorce suit is in progress, he or she may apply to the court for a preliminary injunction to pay child support.

In particular, when a spouse who lacks the ability to financially support himself or herself files for divorce, an unequal situation may arise during the litigation process, such as when the other party stops paying child support or living expenses and puts financial pressure on the spouse.

In this case, after reviewing the child's welfare and the parties' financial situation, the court may decide to pay a certain amount of child support to the other party each month until the divorce proceedings are completed.

In cases of domestic violence or ongoing threats, measures are needed to protect the safety of victims.

Victims of domestic violence can apply for a preliminary injunction to restrict the other party from entering the residence or contacting them through phone calls or text messages during divorce proceedings.

Such protective measures can be used in conjunction with the victim protection order system under the Special Act on the Punishment, etc. of Domestic Violence Crimes. Although the two systems differ in procedures and basis, the purpose of ensuring the safety of victims of domestic violence and preventing additional damage is the same.

Preliminary disposition does not replace the final judgment on the merits of the case, but is a temporary measure to prevent problems that may arise until the judgment is confirmed.

Therefore, although the contents of the preliminary disposition are not necessarily the same as the final judgment, it plays an important role in protecting the rights of the parties and their children and maintaining a stable life during the long-term family litigation process.

In addition, the family court may order necessary preliminary dispositions considering the nature of the case and the contents of the parties' applications, and appropriate responses are required depending on the specific situation.