Freezing Orders
Our expert Freezing Orders Solicitors in Cheshire will be by your side. We provide specialist legal advice through your divorce or separation. We have years of experience in freezing orders and asset protection in divorce.
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Fixed Fees Available
Resolution Members
Experts in Divorce Asset Protection
Law Society Lexcel Quality Scheme Accredited
If you suspect your ex-spouse or civil partner is trying to hide or dispose of property or money to prevent a fair financial outcome, our Freezing Order Solicitors are here to help.
A Freezing Order stops someone from moving, managing or dealing with their assets, and seeking legal representation is an effective option for safeguarding your interests until the conclusion of divorce or dissolution proceedings.
By choosing Rowlinsons for advice regarding asset protection in divorce, you will have the best legal expertise from our financial settlement solicitors. We are committed to providing exceptional levels of client care and will work closely and considerately with you to help find the best outcomes.
We always aim to achieve amicable resolutions swiftly. However, we have the experience and know-how to deal with the courts effectively when litigation is necessary.
Contact us today and learn how our Freezing Order Solicitors can help you protect your marital assets.
Divorce is stressful enough. Unfortunately, sometimes bitterness can cause people to act in ways that unfairly impact the settlement. If your ex-spouse tries to conceal money and property that ought to be included, you may miss out on your full entitlement without the help of forensic accounting. Our friendly, experienced family law team is here to give you professional legal advice so you can make the most informed choices to confidently move on with your life without losing out.
At Rowlinsons, our divorce solicitors have extensive experience obtaining Freezing Orders on our clients’ behalf to protect their matrimonial assets. We’ll advise you on whether you have a case to apply for a Freezing Order and assist with the application.
Our expertise in this area and attention to detail means we can guide you through the process to ensure that nothing is overlooked that might leave you at a disadvantage.
As members of Resolution, we’re committed to a non-confrontational approach to resolving matters as amicably as possible; this means you have family solicitors on your side dedicated to maintaining as harmonious and stress-free an experience as possible for everyone involved.
A court order known as a Freezing Order or injunction prevents a person from dealing with, managing, or disposing of their assets. Freezing Orders in divorce are designed to preserve assets where there is a risk that one party may otherwise put them beyond the reach of the court.
Assets can be concealed in several ways, including:
Freezing assets in a divorce may be necessary where there is credible evidence that one spouse intends to sell, transfer or conceal property or money before the financial issues are resolved.
When one person in a marriage primarily controls the finances or has a high net worth, the ‘financially weaker’ partner may not be fully aware of how the finances are structured. Not understanding the full situation can leave them vulnerable.
The court stipulates that in divorce, the division of assets must be fair, but when one partner can conceal assets, it creates an inequality which could lead to an unfair outcome at the expense of the other.
If you’re uncertain about what assets your ex-spouse has or worried about whether they will be safely retained, you might need to put an injunction in place to freeze their assets.
Once frozen, assets cannot be placed out of reach of the court and thus still considered part of the settlement; this prevents the financially stronger person from leaving the marriage with money, property, or other valuable items to which the other party may have a claim.
Assets that are typically covered by a Freezing Order are:
Anything owned by your ex-spouse that may be sold or transferred can be frozen; this includes overseas assets, although enforcing a Freezing Order abroad can be easier or harder to do, depending on the country.
Even assets that haven’t been acquired yet can be included if the expectation is that they imminently will be, for example, a payout for compensation or an inheritance.
Obtaining a Freezing Order can be challenging and expensive, but if the value of the assets at stake is high enough, it could be worth it.
First, you must make an application to the court. When the application is made, it is usually ‘without notice’, so the other party will not be notified of your application; this is done to minimise the risk that they will try to conceal or dispose of assets before the order can take hold.
Then, you will likely have to attend at least one court hearing. Your Freezing Order Solicitor will represent you to make the process go as smoothly as possible.
You will also have to make an ‘undertaking,’ which carries some risk as you could be liable to compensate your ex-spouse or an affected third party if your application is unsuccessful or the Freezing Order is later discharged.
Our freezing injunction solicitors can advise you on the evidence required, assist with the application and represent you at the relevant hearings.
Divorcing couples must be clear and upfront about their finances, so when someone tries to hide the true extent of their wealth, it deprives the other party of receiving their fair share of financial benefits.
The purpose of a Freezing Order is to avoid this injustice. Nonetheless, a Freezing Order is not taken lightly.
The court will consider granting a Freezing Order when evidence is brought forward that proves you have an arguable case.
Evidence should show that:
A Freezing Order primarily targets your ex-spouse, but it also impacts other parties. People who manage, deal with, or benefit from assets or money the order covers will be bound by its terms. Any third parties involved must receive notice when the order is granted. They will need to know the order details if they play a role in dealing with the assets (for example, the bank where an account is held).
The Freezing Order lasts as long as the court decides necessary or until the financial settlement is finalised.
For applications made without notice, the duration of the Freezing Order is typically 7-14 days to begin with. After this, there will be another hearing your ex-partner can attend. At this hearing, the court will either decide to keep the terms of the order, vary the terms, or discharge the order.
If the order is left in place, it usually lasts until the divorce proceedings conclude.
You have the right to challenge a Freezing Order. You will have to demonstrate that your spouse has no arguable case by showing:
If a Freezing Order has already been granted, you can apply for it to be set aside or to vary the terms. If you are subjected to a Freezing Order, our family law team can support and guide you on the best course of action.
If your spouse or anyone bound by the Freezing Order does not comply, they will be held in contempt of court. Their assets may be seized, and they could be fined or even receive a prison sentence.
It’s best to act early when you’re in a situation with a high-net-worth individual or complicated finances. An application made without notice should be made as soon as possible so you can ask the court to freeze assets before they’re out of reach.
If assets have already been moved, we can advise you on how to proceed. You may require a forensic accountant to undertake an investigation to track them down.
You may be eligible for a Disposal of Disposition Order, which targets transactions such as sales or transferrals made to frustrate financial claims; this will only be granted if you can prove the asset was exchanged for less than the appropriate value or if the third party receiving the asset did not act in good faith.
If you’re a high net-worth individual going through a divorce, you may be at risk of having a Freezing Order made against your assets. Although you can’t control what the other party decides to do, there are some steps you can take to minimise the risk of an application being made.
When going through a divorce, it’s best to ensure that you:
A Freezing Order is an extreme measure that the court will not grant lightly. They are expensive to put in place and carry a financial risk to the person applying for one, as they are liable for damages if the order is discharged or unsuccessful.
It’s important to act quickly, whether you’re applying for a Freezing Order or on the receiving end. That’s why, in such complex legal matters, the advice of a solicitor is essential. At Rowlinsons, we are experienced in helping divorcing spouses safeguard their interests, and we can let you know whether a Freezing Order is appropriate in your situation.
In appropriate circumstances, an injunction can be sought before the main application has been issued. Because this is an exceptional form of interim protection, procedural requirements apply and the court may require the applicant to undertake to issue the relevant proceedings promptly.
Urgency does not remove the need to provide the court with proper evidence supporting the application.
A Freezing Order does not necessarily prevent every use of your money. The precise restrictions depend on the wording of the order, and freezing injunctions can include provisions allowing reasonable expenditure, such as ordinary living costs or legal expenses.
You should check the order carefully before spending or moving money. If the permitted amount is insufficient or the order is preventing necessary expenditure, legal advice should be taken about whether an application to vary its terms is appropriate.
Rowlinsons Solicitors can help you reach the best outcome and protect your financial interests in a divorce or separation. Our freezing orders specialists are members of Resolution, and often act for family law matters on a fixed fee agreement. Our team is approachable, friendly and professional.
With expert family law solicitors based in our Sutton Weaver and Frodsham offices, we are recognised as one of the leading teams of divorce solicitors in Cheshire. We regularly help clients throughout the Northwest region, including St Helens, Widnes, Warrington, Chester and Northwich. We can act for clients across England and Wales, so talk to our team today.
Contact us for an initial no-obligation call, or click here for a callback. We also have meeting facilities in North Wales for Family Law clients.
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