Emergency Freezing Orders
In the course of dealing with the financial aspects of the end of a marriage or civil partnership, there may be occasions in which early action is required to protect matrimonial assets or to provide temporary financial support whilst the financial matters are dealt with substantively.
These are very specific measures in which all our solicitors are experienced and can advise and represent you in the appropriate circumstances.
If there is a real risk of the other party disposing of or otherwise dissipating assets before a financial Order can be made within matrimonial proceedings, then it is possible to apply for a freezing Order (formerly called a mareva injunction).
A freezing Order can be made in respect of assets both within England & Wales and situated abroad (known as a Worldwide Freezing Order).
The application is usually made on an emergency basis without giving prior notice to the other party, and the terms of the Order will be on an interim basis, usually until such time as the matter can be brought back before the Court for a decision.
Any breach of the Freezing Order may lead to committal proceedings for contempt of court.
All types of assets can be frozen including bank accounts, shares, bonds, vehicles and land. The assets may be owned solely by the respondent or jointly with another and an Order may also be obtained against a third party who holds assets on the respondent’s behalf.