Freezing order

Expert advice on freezing orders (freezing injunction)

If you suspect that your former partner is concealing or transferring financial assets to a third party, obtaining a freezing order from the family courts can be a valuable measure to safeguard those assets.

To secure a freezing order, you must demonstrate to the court that the assets
are in immediate jeopardy. 

Our team of experienced divorce lawyers possesses the expertise to gather
the necessary evidence and effectively present your case to the court within
the required time constraints.

The freezing order can be utilised to safeguard a broad range of assets,
including money, real estate, vehicles, stocks, and bonds. It can be sought for assets located in England and Wales as well as internationally (although the availability of such orders may vary across jurisdictions). Our lawyers are equipped to assist you in navigating this process.

  1. Jurisdiction: The English court must have the authority to handle the case.
  2. Cause of Action: The applicant must demonstrate a valid legal claim, such as deceit or a breach of trust, against the other party. A counterclaim can also suffice.
  3. Good, Arguable Case: The applicant must present a strong, plausible case, although it is not necessary to prove that the case will ultimately succeed. The court will consider the strength of any defence.
  4. Risk of Disposal: There must be a genuine risk that the person in control of the assets will dispose of them or deplete their value.
  5. Undertaking: The applicant must provide an undertaking to the court, committing to compensate the other party for any damages incurred if it is later determined that the injunction should not have been granted.
These factors guide the court’s decision-making process when considering whether to issue a freezing order.

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