From the Risk of Asset Loss to Legal Protection: A Timely and Successful Intervention

Survivors of domestic violence often face multiple challenges during divorce proceedings and the division of marital property. Throughout this process, they may be at risk of losing jointly acquired assets due to actions taken by their partners, including the transfer, sale or concealment of property.

Through legal counseling and representation, the Kosovo Women’s Network (KWN) supported and represented a survivor of domestic violence in divorce proceedings involving elements of domestic violence, as well as a direct risk of losing jointly acquired marital property.

During the proceedings, the survivor faced an urgent and sensitive situation in which there was a real risk that property acquired during the marriage, including real estate and an apartment, could be sold, transferred or concealed before the conclusion of the divorce process. Such actions would have effectively prevented her from exercising her legal rights and could have caused irreparable harm.

Recognising the seriousness of this risk, KWN acted promptly by providing legal counseling and preparing a request for an interim security measure aimed at preventing any transactions or changes involving the marital property until the court issued a final decision.

The Court approved the request and granted the interim security measure, prohibiting the sale, transfer, encumbrance or any alteration of the property’s legal status. This decision ensured the immediate protection of the marital assets and prevented any attempts to dispose of or conceal them while the court proceedings were ongoing.

The survivor welcomed the decision as a significant relief during a particularly difficult period, as it guaranteed that the property acquired during the marriage would be preserved and protected until the case was resolved.

This case clearly demonstrates the importance of timely legal intervention when women face a real risk of losing their property rights. It also highlights the crucial role of interim security measures as protective legal mechanisms in cases involving divorce and domestic violence, helping to safeguard survivors’ economic rights and access to justice.

Melisa Kadolli, court monitor at the Kosovo Women’s Network, stated that women face numerous challenges during divorce proceedings, and this case represents an important step in strengthening the protection of their rights, particularly in relation to property matters, through the timely use of legal mechanisms such as interim protective measures.