Freezing Injunctions in Matrimonial Finance Cases
What are freezing injunctions and how can they help in family law cases?
Divorce and family law proceedings can involve various types of injunctions, ranging from personal protection orders (like non-molestation orders) to financial injunctions used in financial proceedings, enforcement actions, or other situations.
The appropriate type of injunction depends on your unique circumstances. Our specialist team of family law solicitors can assess your specific situation and advise you on the best course of action.
Are you worried your spouse might hide assets during divorce proceedings?
If so, consider applying for a freezing order in your financial proceedings. This court order can prevent your spouse from disposing of or dealing with assets if you can prove their intention to deliberately or recklessly deplete them, either within or outside of England and Wales.
Important note: International family law cases require extra attention.
Since spouses might act quickly to transfer, spend, or reduce assets to your detriment, it is crucial to act fast to prevent this. If you suspect your spouse or civil partner might dispose of assets, contact our team immediately for a detailed discussion.
Are you concerned your ex-partner might flee to avoid payments?
If your former spouse or civil partner has failed to pay a court-ordered lump sum and you believe they might leave the jurisdiction to avoid payment, there are injunctions available if your case has merit.
For instance, you can apply for an order requiring them to surrender their passport to the court, preventing them from leaving England and Wales until they comply with the court order.
What happens if a freezing order is breached?
If a freezing order is granted and your spouse or civil partner disobeys it by dealing with assets they should not, they can be held in contempt of court. This is a serious offence with potential consequences including fines or even imprisonment.
It is essential to understand the terms of a freezing order and comply with them fully.
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Can I get a freezing injunction if I think my spouse is hiding money in crypto?
If you have evidence that your spouse is planning to move, sell, or hide assets in cryptocurrency to put them beyond your reach, you may be able to apply to the court for a Freezing Injunction. This court order would prohibit your spouse from disposing of those assets pending a final settlement.
While the global nature of crypto makes enforcement more complex than freezing a UK bank account, an injunction can be made against the individual personally and served on UK-based crypto exchanges.
Given the urgency required, you must seek specialist legal advice immediately if you believe assets are at risk.
When should I consider a freezing order?
A freezing order is a powerful legal tool, but it is not suitable for every situation. You should consider applying for one if:
- You have strong evidence that your spouse or civil partner is likely to dissipate or hide assets.
- The potential loss of assets would significantly harm your financial position in the divorce.
- You have a strong legal claim for financial relief in the divorce.
If you are unsure whether a freezing order is right for you, seek advice from our experienced family law team. We can assess your situation and guide you through the process.
How can Maguire Family Law help?
These are just two examples of injunctions used in financial proceedings. There are other types of injunctions, especially those related to protecting personal safety under the Family Law Act 1996. You can find more information about these here: Occupation Orders.
Due to the time-sensitive nature of injunctions, it is vital to act quickly to prevent the actions you want the court to prohibit. If you have concerns, don’t hesitate to contact our team at Maguire Family Law so we can advise you on your options and protect your interests.
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Freezing Injunction Solicitors You Can Trust
Maguire Family Law are expert freezing injunctions solicitors. If you’re concerned about the dissipation of assets during divorce proceedings, we can help you secure a freezing injunction to protect your financial interests.
Contact us for a no-obligation assessment of your case.
We are rated in Tier 1 of the Legal 500 – a law firm you can trust.
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