Can I get temporary orders while a Korean divorce is running?

Article 62: the order that shapes daily life

Once a suit, a petition or a mediation application has been filed, the court, the mediation panel or the mediation judge may, on its own initiative or on application, order the other party or a related person not to change the existing state of affairs or not to dispose of property, and may make orders for preservation of property connected with the case and for the care and upbringing of a person concerned.

Where the court makes such an order it must give notice of the sanction under Article 67(1). In an urgent case the presiding judge or the mediation chair can make the order alone. An immediate appeal lies against it.

The limitation is written into the statute. Article 62(5) states that the order has no enforcement power. It is backed by the sanction, not by a bailiff.

Family Litigation Act, Articles 62 and 63. Act No. 20432, in force from 1 January 2026.

Article 63: the order that actually binds property

For a family litigation case or a Type D non-contentious case, the family court may grant provisional attachment or a provisional injunction with the main case as the underlying claim, applying the Civil Execution Act provisions.

Two features matter. Article 63(2) allows the order without requiring security to be provided, which is a real difference from an ordinary civil provisional attachment. And Article 63(3) treats a mediation application under this Act as the bringing of the main action, so applying for mediation is enough to support the attachment.

Which one you need

If the problem is that the children need a settled arrangement, or that one side keeps changing the position on the ground, Article 62 is the right tool and the sanction is what gives it weight.

If the problem is that money or a property is about to be moved, Article 62 will not stop a transfer, because it does not enforce. Article 63 is the one that does.

What to do

• Decide first whether your problem is conduct or assets. That decides which article to use.
• Apply early. An attachment after a transfer is worth much less than one before it.
• If you apply for mediation, say so: it counts as the main action for the attachment.
• Do not rely on a pre-disposition order to stop a sale. It was not built to.

Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.

Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 13 September 2026.