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Asset Freezing Injunctions

Do you believe your spouse is trying to hide assets from you during your divorce?

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Do you believe your spouse is trying to hide assets from you during your divorce?

Perhaps they have stated they plan to sell assets before the Court makes decisions about those valuables. In situations like this, it may be necessary to seek an asset freezing injunction, legal steps designed to halt this action from occurring.

How can Austin Kemp’s divorce solicitors help you?

Any time you feel your spouse may be taking illegal action, reach out for immediate help. Our solicitors can provide you with fast, effective information and legal support to stop this from occurring. We can help you with the following:

Determining whether an asset freezing order is necessary and appropriate for the situation
Completing an application for the freezing order
Managing the application process and responding to these freezing orders
Support in complying with such orders
Discharging freezing orders that are unfair or illegal

Because freezing orders like this are quite comprehensive, you should have legal guidance if you believe you need one or if one is levied against you. Austin Kemp can help you with just a phone call.

What Are Asset Freezing Injunctions?

An Asset freezing injunction is an interim order of the Court to prevent a person from being able to sell or otherwise dispose of assets before a judgment is issued or enforced. You may seek one if you believe your spouse is taking action to liquidate assets before the divorce. You may have received such an order you do not believe is fair.
Asset freezing injunctions prevent the disposal of most types of assets, including:

Bank accounts

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Land Ownership

When emotions are high and it’s hard to see clarity, we are by your side every step of the journey.

Homes

When emotions are high and it’s hard to see clarity, we are by your side every step of the journey.

Shares

When emotions are high and it’s hard to see clarity, we are by your side every step of the journey.

Personal Possessions of Value

When emotions are high and it’s hard to see clarity, we are by your side every step of the journey.

Bank accounts

When emotions are high and it’s hard to see clarity, we are by your side every step of the journey.

Cars

When emotions are high and it’s hard to see clarity, we are by your side every step of the journey.

Land Ownership

When emotions are high and it’s hard to see clarity, we are by your side every step of the journey.

Homes

When emotions are high and it’s hard to see clarity, we are by your side every step of the journey.

Shares

When emotions are high and it’s hard to see clarity, we are by your side every step of the journey.

Personal Possessions of Value

When emotions are high and it’s hard to see clarity, we are by your side every step of the journey.

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What Is the Process for Obtaining an Asset Freezing Injunction?

If you believe an application for asset freezing is in order, allow our legal team to support you through the process. Section 37 of the Senior Courts Acts 1981 gives a High Court Judge jurisdiction to stop a party disposing of or dealing with assets which are or may become subject of proceedings, although the Family Court is often the appropriate forum for such applications to be heard.

It is critical to ensure accurate filing of the application with complete details to ensure action is taken right away. This is only an interim decision but once granted, it goes into effect immediately upon the notification being sent to the respondent.

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What Are the Grounds for Obtaining an Asset Freezing Injunction?

Each situation is quite unique and warrants speaking to a solicitor about your particular case. Most of the time, a person applying for an asset freezing injunction will need good evidence to show the following:

You have a good arguable case
There is good evidence that a real risk of the dissipation of assets may occur
The Court has jurisdiction over the assets
It is just and right to grant the order

While the court often focuses on creating a fair divorce settlement, that may be limited if one party disposes of some assets prior to the finalisation of the divorce itself. For this reason, the Court may be in favour of issuing an injunction to prevent this from occurring, at least for the short term.

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What Are the Consequences of Obtaining an Asset Freezing Injunction?

If you seek out this type of order and there are no grounds for it, especially if the action of applying for such an order is done in a way to create preconceived guilt, there are likely to be cost consequences. Do not take this step without guidance from Austin Kemp. We will help minimise the risk that you are making a decision that could harm your situation later.

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How Can You Oppose an Application for an Asset Freezing Injunction?

In some situations, asset freezing injunctions may not have merit so it may be necessary to formulate a defence if such an order is presented against you.

With the help of Austin Kemp, you may be able to defend such a claim. Common grounds for having an asset freezing order discharged could include the following:

In some ways, the allegations are not arguable based on evidence that relates to the case
Continuing the injunction is not just, such as presenting an argument that continuing the injunction would cause lossy
The injunction applicant did not disclose all factors related to the matter to the Court
The applicant misrepresented the situation to obtain the injunction
The Court lacks any jurisdiction in creating the freezing order

It may also be possible for the defendant to request that the Court alter the terms of the freezing injunction based on any of these or other claims.

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Can a Party to a Family Law Dispute Apply for an Asset Freezing Injunction Against the Other Party?

In most situations, if an asset freezing injunction occurs, all parties, including third parties if appropriate and wherever located in the world, must halt all disposal of the property in question. Obtaining this injunction is dependent specifically on the details of the case. A party in a family law dispute could request the injunction if the above conditions are met or the Court otherwise agrees with this, such as due to forensic accounting or the potential of hiding money.

Key in every situation is taking action to comply with the Court’s requirements to obtain freezing injunctions. Working closely with Austin Kemp and our team of solicitors provides you with the opportunity to take immediate action to support your case. Contact us immediately to discuss your unique situation. We can arrange a consultation with you via the telephone, Zoom, or in person.

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We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

First Class Service

Choose Austin Kemp and you'll get a premium service in all areas. We aren't the cheapest out there, but what we are is the best solution to help you get what you deserve.

Impeccable Advice

Our advice and strategy is second to none. Not all law firms are created equal. Because we're specialists, our depth of knowledge is often the edge that makes the difference.

Challenging Thinking

We work with you to get what you deserve. We don't mean that it's going to be easy – but we're here to support you every part of the journey.

Industry Leading Professionals

We have A-players at every level. We employ the best of the best, and that's why our clients choose us. Because getting the right solicitor can mean your future takes a different path.

The Right Fit

We'll make sure you have a solicitor that fits your case type. If you want a certain approach to your case – we'll make sure your solicitor has the right style for you.

Empathy

We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

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Next

Talk to us now on 0333 311 0925

Request a Callback Live Chat

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Austin Kemp handled my divorce efficiently and pleasantly, with a consistent contact person, making it all convenient online. Their straightforward online payment system was a necessary evil, but I'd use them again if needed.

Referred by an online service, I chose Austin Kemp for divorce and financial settlement with my ex-wife. Emma's assistance was invaluable; I paid for a guidance check on the consent order before submission. Court process went smoothly, and I'm content with the outcome.

Throughout the process, Emma guided me, addressing any issues promptly. No complaints—consent and pension sharing orders approved swiftly after submission, indicating accurate document preparation.

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Alex Clarke, 'The Saviour,' actively handled my case, ensuring clear communication and understanding throughout. He promptly responded to calls and emails, investing time even before any formal agreement. His integrity convinced me he was the right choice to represent me. When it comes to issues concerning children, contact Alex Clarke—'The Saviour.'

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