Freezing orders

Although freezing injunctions can be a useful thing to implement, they are often enacted unnecessarily.

In many cases, the threat of disposing of assets from the other party won’t carry any weight. Some cases use a letter and an undertaking by the spouse in the instance of a divorce. This is used as a legal promise to either act or not act on something.

If formal proceedings are required, specialist family lawyers can help you by asking the family court to preserve certain family assets. This way, you could save money because applications like these don’t need the same level of safeguarding as freezing orders.

People may be more inclined to implement a freezing order where large quantities of money are involved or where the relationship between the two parties has completely broken down with little trust.

The courts’ power to grant a freezing order comes from section 37 of the Senior Courts Act 1981. However, the legal principles that drive them revolve around whether it is ‘just and convenient’ to do so. This means the decision lies with the judge and whether they deem a potential freezing order to be fair.

It is important to take specialist independent legal advice from a freezing order solicitor with experience in this area of family law. They will be able to explain the intricacies to you in as much detail as you need.

This decision ultimately lies with the courts. The initial period of 7-14 days can be extended or discharged depending on the outcome of the proceedings. In short, a freezing injunction can last as long as the court deems necessary.

The prospect of an ex-partner moving assets abroad can understandably cause panic, which is why some people turn to a freezing order.

It’s worth noting, however, that some clients’ assets could already be placed under another jurisdiction outside of England and Wales, in which case further movements of these assets could be almost untraceable.

Under these circumstances, a worldwide freezing injunction may be appropriate.

If this happens, the offending party can be held in contempt of court. The consequences include being fined, having their assets removed or even being sent to prison. There may also be sanctions for third parties who willingly help the affected party to breach the conditions of the freezing order.