Protecting matrimonial assets can be a significant factor in divorce proceedings, if you believe that your estranged spouse may be attempting to dispose of matrimonial assets with the sole purpose of defeating a matrimonial claim our experienced team of solicitors at FisherWright Solicitors will be able to assist you in seeking an urgent injunction to prevent such a disposal from taking place; alternatively if you believe that such a disposal has already taken place, FisherWright solicitors have extensive experience in assisting such transactions to be ‘set aside’ or in some instances for the amount disposed of to be ‘added back’.
What is a freezing Order?
A Freezing Order is an interim injunction which will prevent your estranged spouse from disposing of matrimonial assets, whilst proceedings for a financial Order are pending at the Court. Such an Order could be used to prevent your estranged spouse from utilising funds from bank accounts, from dealing with properties, shares, investments and expensive possessions such as vehicles or jewellery. In exceptional circumstances, assets which are held overseas can be preserved through a Freezing Order.
You should note that applications for a Freezing Order can be costly, therefore specialist advice from a solicitor to see whether such an application should be brought. Not only will a Freezing Order bind the individual named in the Order, but will also bind other individuals such as lenders, trustees and business companions.
Am I eligible to make an application?
In order to make an application for a Freezing Order, it is mandatory that proceedings for a Financial Order have been commenced at the Family Court.
What will I be required to evidence?
In order to acquire a Freezing Order, an individual will be required to demonstrate the existence of ‘clear evidence’ that there has been an ‘unjustified’ dealing of matrimonial assets by your estranged spouse, that you have a ‘good arguable’ case and lastly, that if such an injunction is not awarded, it will cause a ‘ real risk of injustice’.
Will my estranged spouse be notified of my application?
In most instances, your estranged spouse will need to be notified of your application for an injunction. However, in certain exceptional circumstances where notification of the claim may have an adverse consequence, it is possible to make an application on an ‘ex parte’ basis, without notifying your estranged spouse.