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The division of finances is often one of the most challenging aspects of a divorce, and it can lead to disagreements, feelings of confusion, and, in some cases, bitterness and dishonesty.
In some divorce scenarios, one spouse may wish to hide their assets in order to prevent their spouse or civil partner from being entitled to them, but there are ways to prevent this from happening. This ensures the division of assets is fair and meets both parties and the needs of any children.
At Glanvilles, our team of freezing order solicitors understand how difficult and emotionally charged divorce proceedings can be, particularly when it comes to the division of finances.
If you are concerned about your spouse concealing their finances, our solicitors have the expertise you need to freeze assets and ensure your spouse’s entire financial position is revealed during the division of finances. We can also assist where assets have already been disposed of with an avoidance of disposition order set out under s37 of the Matrimonial Causes Act.
Our team work with a range of clients, including those with more complicated matters, such as a higher net worth. We provide a bespoke service tailored specifically to your circumstances to ensure that you have the best chance of success.
When you instruct our freezing order solicitors, we will provide sound advice and assistance with all types of freezing order matters, including:
- Advice on your rights and whether a freezing order is suitable
- Applying to the Court for a freezing order
- Breach of freezing order
Working with our team guarantees a thorough review of your situation and desired outcome. This allows our team to personalise our advice and guidance to align with what you are facing and the support you require. We strive to provide you with close personal support and create strong professional relationships in doing so.
Get in touch with our freezing orders solicitors in Chichester, Fareham, Havant and Petworth
Contact our expert freezing orders solicitors in Chichester, Fareham, Havant or Petworth or fill in our simple online enquiry form for a quick response.
Frequently asked questions about freezing orders and injunctions
What is a freezing order?
Freezing orders are court orders issued where there is concern that one spouse or civil partner during a divorce is attempting to dispose of or deal with their assets before an outcome has been determined. The freezing order will prevent them from being able to do this, therefore ensuring that any financial divisions are fair and accurate.
What assets are covered by a freezing order?
Generally speaking, when the court grants a freezing order, it will cover all of the respondent’s assets, but it can sometimes be tailored to cover a specific value. If the respondent has assets located outside of the UK, whether or not the assets will be covered by the freezing order will depend on the jurisdiction of the country they are held in.
Examples of assets covered by a freezing order could include:
- Property
- Bank accounts
- Business assets
- Vehicles
- Investments
- Savings
A freezing order can also cover assets that you do not yet have, for example, it could cover an inheritance or imminent compensation.
How do I apply for a freezing order?
If you have any concerns relating to your spouse’s conduct, or if they have threatened to conceal assets during the division of finances, you can make an application to the Court for a freezing order to be issued. This can be done without the need to notify your spouse or civil partner and is known as an order ‘without notice’.
Once an application has been submitted, you may be required to attend a court hearing where your case will be carefully assessed before a decision is made.
At Glanvilles, we recognise the complications you may face when applying for a freezing order. When you work with us, we provide clear, informative advice on the steps involved and expert insight into the likelihood of a successful application.
Should we recognise that a freezing order application is in your best interest, our family law team will assist with the application process and provide representation during any required court proceedings.
How long does a freezing order last?
When a freezing order is initially granted by the court, it will typically be granted within 7 to 14 days. However, in certain circumstances where the court has deemed the situation more complicated and of higher risk of your spouse or civil partner concealing assets, they may choose to grant the order for a prolonged period. This is often done with a hearing in place first, where both you and your spouse or civil partner will be invited to attend.
What happens if a freezing order is breached?
Once a freezing order has been granted and put in place by the court, it is legally binding, and any attempt to breach the freezing order, for example, hiding assets, can amount to contempt of court and could be considered a criminal offence. The potential penalties for breach of a consent order include fines and seizure of assets, which, in some more significant cases, may lead to prosecution.
Do I need a solicitor to get a freezing order?
Applying for a freezing order is often a complicated process and is only successful in limited circumstances. Additionally, getting a freezing order can be more complex where certain assets your spouse or civil partner has are overseas and under a different jurisdiction.
For the best chance of success, seeking the advice and guidance of an experienced and skilled freezing order solicitor is encouraged. They will be able to provide guidance throughout the process and improve your chances of success.
How much does a freezing order cost?
The cost of obtaining a freezing order will typically vary depending on how complex the case is, the urgency of the application, and whether the order is worldwide of domestic. In most instances, typical costs include legal fees, as well as the court fee for applying to the interim injunction, which is usually £569.
What are the requirements for obtaining a freezing order?
Our freezing orders solicitors can help you to meet the requirements to obtain a freezing order from the courts by:
- Making a robust case that offers a clear and provable argument.
- Proving a real risk of dissipation, meaning that there is a substantial and proven risk that the respondent will hide or dispose of assets in a way that would make future court judgements difficult.
- Ensuring that the assets being frozen are within the jurisdiction of the court, unless the freezing order is worldwide, in which case, appealing to the appropriate scope of authority.
- Proving that the order is proportionate and necessary, and the best course of action as opposed to damages or other interventions.
- Providing a full disclosure to ensure that you have accurately represented the situation, empowering the court to act based on your presented argument without a counter from the respondent.
Who can apply for a freezing order?
A freezing order can be applied for by an applicant who can show a good arguable case and provide evidence that the respondent may unjustly move or hide assets, which could include:
- A prospective claimant, meaning an individual who intends to bring a claim for assets from the respondent.
- A claimant in existing proceedings, meaning someone who has already issued a claim and wishes to prevent the defendant from dissipating assets.
- Foreign claimants, meaning that certain foreign parties can apply for a freezing order in the UK, particularly when it is an asset in the UK that is at risk.
- Government authorities or regulators, which refers to certain statutory bodies that can apply for a freezing order as part of enforcement actions.
What are the penalties for breaching a freezing order?
Breaching a freezing order is a serious matter and could result in a range of consequences. You may be held in contempt of court, which could result in seizure of assets, fines, or up to two years of imprisonment.
Furthermore, the court may reverse any assets that were transferred in breach of the order, and take the breach into consideration during ongoing or future proceedings. There is also a chance that the court may order the party in breach to pay the claimant’s legal costs.
If you are freezing assets and suspect a breach, or are being accused of breaching a freezing order, our solicitors can help you understand your rights and the correct steps to take.
How we deal with freezing orders
Our team of specialist freezing order solicitors have a wealth of collective expertise assisting clients through difficult family circumstances, including freezing orders. We can provide advice on your rights and the suitability of an order, applying to the court for a freezing order, breaches of freezing order, and other related matters.
Why choose Glanvilles’ freezing order solicitors?
Our excellent service across the whole family law team has been recognised through a number of accreditations and awards, including the Family Law Advanced accreditation and the Lexcel accreditation, both awarded by the Law Society.
For our client’s reassurance in our ability, many team members, including Senior Associate Charlotte Woodhouse, are also members of Resolution, a network of family lawyers dedicated to seeking collaborative approaches to family law matters.
The Glanvilles’ client service promise
When you use our freezing orders service, we promise:
- Our staff will be friendly, respectful and attentive.
- Your concerns will be listened to, your questions answered, and your options explained in plain English.
- The cost of dealing with your requirements will be made clear to you from the outset.
- We will answer your phone calls and emails promptly.
- We will keep you regularly updated at all times.
Get in touch with our freezing orders solicitors in Chichester, Fareham, Havant and Petworth
Contact our expert freezing orders solicitors in Chichester, Fareham, Havant or Petworth or fill in our simple online enquiry form for a quick response.