Freezing injunction solicitors

If a spouse is moving, hiding or selling assets to reduce what is available for a financial settlement, the court can step in. A freezing injunction prevents assets from being dealt with until the case is resolved, and in some cases the court can reverse a transaction that has already taken place. Rushton Family Law advises on these orders, whether you need to protect assets or are responding to an application.

Freezing injunctions at a glance

  • A freezing injunction stops a spouse moving, hiding or selling assets to defeat a financial claim.
  • The court can sometimes reverse a transaction that has already happened.
  • Applications are often made urgently, without telling the other party first.
  • The court expects strong evidence of a real risk that assets will be dissipated.
  • If an order is made against you, it may be possible to vary it to cover ordinary living and business expenses.


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Specialist Divorce and Family Lawyers

Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.

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When it really matters


Getting advice on a freezing injunction

When a freezing injunction may be needed

Common situations include:

  • Property. A spouse putting a property on the market, or transferring it to a relative or a company.
  • Money. Large sums being moved out of joint or personal accounts, particularly offshore.
  • Businesses. Shares in a family business being transferred or diluted.
  • Pensions and investments. Investments being cashed in, or pensions being drawn down.

Types of order

The court can make an order preventing a spouse from dealing with specific assets, or from reducing their assets below a set value. Where a transaction has already happened and was intended to defeat a financial claim, the court may be able to set it aside. In some cases, an order can extend to assets held outside England and Wales.

Urgent and without-notice applications

Because the risk is that assets will disappear once a spouse knows an application is coming, freezing injunctions are often sought urgently and without notice to the other party. The court expects strong evidence of a real risk that assets will be dissipated, and the person applying must give the court full and frank disclosure, including any points against their case. We prepare the evidence and application to meet that standard.

Responding to a freezing injunction

If an order has been made against you, it can significantly restrict how you manage your finances day to day. We advise on complying with it, on whether it can be varied to allow for ordinary living and business expenses, and on challenging it where it shouldn’t have been made.

Our Team

Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.

Amie Pine

Partner - Divorce & Family

Emma Shortland

Associate

Ella Perry

Assistant Solicitor

Samantha Patel

Legal Support Assistant

Reviews and testimonials

Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead

The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head.

Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie!

I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine.

From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time.

Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments.

Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects.

Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life.

Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism.

She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me.

Nicola and the team are the best support you could ask for at the most difficult of times.

As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients.

I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible.

FAQs

What can I do if my spouse is hiding assets?

Both of you must give full and honest disclosure of your finances. If you believe your spouse is hiding assets, we can challenge their disclosure, ask the court to order further information and, where there is a real risk of assets being moved, apply for a freezing injunction.

Can I stop my spouse selling assets during a divorce?

Yes, if the sale is intended to defeat your financial claim. The court can prevent your spouse from selling or transferring specific assets until the settlement is resolved, provided there is evidence of a real risk.

What can I do if my spouse is spending money before the settlement?

Ordinary living costs are not a problem, but deliberately reducing the assets available is. The court can prevent further spending and may treat money already wasted as if it were still available when dividing the assets.

Who pays the legal costs in financial proceedings?

Each person usually pays their own costs, but the court can order otherwise where one person has behaved unreasonably. For applications such as freezing injunctions, the court has a wider discretion to order the unsuccessful party to pay.

Can I apply for a freezing injunction without telling my spouse?

Yes. Applications are often made urgently and without notice, so assets can’t be moved before the order is in place. The court will expect strong evidence of the risk, and full and frank disclosure from you.

How we work

An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.

Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.

A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.

Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.

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