Freezing order solicitors

Where a disposition took place less than three years before your application and has had the consequence of reducing or defeating your financial claim, the law presumes that it was made with the intention of defeating that claim. The burden then falls on the other party to show otherwise. This is a significant advantage in circumstances where direct evidence of your spouse’s intentions may be difficult to obtain.

The court can join a third party, such as a family member to whom a property has been gifted, to the proceedings and, where appropriate, require assets to be returned. Acting promptly matters here. The longer a disposition has been in place, the more complex the evidence position can become.

If you have reason to believe assets have already been transferred or disposed of, speaking to a specialist solicitor as soon as possible gives you the strongest position.

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 UK 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.

Read more on what a freezing order is.

Read more on how to protect your money during a divorce.

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.

Yes, in appropriate circumstances. Where notifying the other party in advance might cause them to dissipate the very assets you are seeking to protect, an application can be made on a without notice (or ex parte) basis. The court will still require compelling evidence before granting such an order, and your spouse will have the opportunity to challenge it at a subsequent hearing. Our lawyers can advise you on whether this route is appropriate in your situation.

A domestic freezing order applies only to assets held in England and Wales. A worldwide freezing order extends to assets held anywhere in the world. The threshold for a worldwide order is considerably higher, and strict criteria must be met before one will be granted. Typically, worldwide orders are most commonly sought where a party holds significant assets in multiple jurisdictions, and there is a credible risk that those assets may be moved before proceedings conclude.

The court has the power under Section 37(2)(b) of the Matrimonial Causes Act 1973 to set aside transfers already made to third parties – for example, a property transferred to a parent or sibling. The third party can be joined to the proceedings, and disclosure orders may be sought against them where necessary. Where the disposition occurred less than three years ago and has reduced the financial relief you might otherwise receive, the burden falls on the other party to show the transfer was not intended to defeat your claim.

Yes. If you are on the receiving end of a freezing order and believe it was wrongly granted, it is possible to apply to have it discharged. This may succeed where there is no good, arguable case against you, where the applicant failed to comply with the strict procedural requirements, or where there is no genuine risk of asset dissipation. Our solicitors can advise on challenging an order as well as applying for one.

No. Any freezing order granted by the court must include carve-outs allowing the respondent to meet their ordinary living expenses, ongoing debts, and reasonable legal costs. The order cannot be framed in a way that causes unnecessary hardship to the other party. This is one of the core conditions that the court must be satisfied of before granting the order.

Our specialist solicitors have extensive experience securing and defending freezing orders in family law cases where there are concerns about assets being dissipated. We are highly regarded by Legal 500 and Chambers for our expertise in urgent and complex financial disputes.

In 2026, our regional rankings include:

Yorkshire: Band 2 chambers & Tier 2 Legal 500: Beverley, Harrogate, Huddersfield, Ilkley, Leeds, Middlesbrough, Sheffield, Wetherby, York

East Midlands: Band 2 chambers: Derby, Leicester, Lincoln, Nottingham, Peterborough, Stamford

West Midlands: Tier 2 Legal 500: Birmingham, Leamington Spa, Lichfield, Solihull

North East: Band 2 chambers: Durham, Newcastle, North Shields, Sunderland

South East: Tier 2 Legal 500: Berkhamsted, Stony Stratford, Milton Keynes, St Albans

Wales: Tier 2 Legal 500: Cardiff, Swansea