From the conciliation hearing onwards, they preserve family and financial stability during a period often dominated by instability and urgency.
Regarding the spouses, provisional measures mainly concern separate residence and the allocation of the marital home, return of personal belongings, and alimony claims.
In case of a contentious divorce, a provision ad litem for legal costs may be allocated, and any qualified professional may be appointed to draw up an estimated inventory of the spouses' assets.
Regarding the children, these measures determine the modalities for the exercise of parental authority. This includes matters relating to their residence, visiting and accommodation rights when the children reside with one of the parents, and contribution towards their maintenance and education.
They are modifiable under certain conditions, and applicable throughout the proceedings until a final decision is rendered. It is important to note that provisional measures can have a significant impact in the context of a contentious divorce.
Indeed, the duration of the proceedings may be affected and slowed down. The measures decided upon may also influence the judge's appreciation and the outcome of the final ruling on the consequences of the divorce.
Finally, these measures often serve as leverage for reaching an amicable solution.
As they structure the proceedings and can influence the outcome, provisional measures are a valuable strategic tool. Their preparation and management require rigour and foresight in any divorce proceedings in Monaco.
