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.
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.
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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.
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FAQs
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.
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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