In divorce, asset protection is about identifying, evidencing, and, where lawful, ring-fencing assets before they are swept into the discretionary exercise of the court.
Hale Family Law are specialists in helping clients make and defend these types of applications. If you require urgent advice, we are on hand at a time to suit you.
Safeguarding assets in divorce involves taking early, informed steps to understand what forms part of the matrimonial pot and what may properly be treated as non-matrimonial.
This can include identifying pre-marital wealth, inheritances, business interests, and pension arrangements, as well as ensuring full and accurate financial disclosure at an early stage.
While the court’s overriding aim is fairness, timely legal advice can help protect legitimate interests, prevent the dissipation of assets, and place a client in the strongest possible position when negotiating or litigating financial settlement.
Hale Family Law are specialists in both making and resisting this type of action and offer a free initial consultation at any time to suit you.
You can apply to the court for an order which prevents your spouse from disposing of his/her asset(s). This is commonly referred to a freezing injunction. The court will need to be satisfied your spouse is doing so with the intention of defeating your potential claims for financial relief in respect of the asset.
The court will need to be satisfied there is some evidence your spouse is about to dispose of assets. This includes threats by them to dispose of property. Feelings of anxiety or suspicion will not usually suffice.
If the disposal is about to take place, and the court consider such disposal will defeat your claim, it will be presumed, unless the contrary is shown, your spouse is about to deal with property with the intention of defeating your claim for financial relief. Your spouse will then need to prove why the transaction is not intended to defeat your claim.
If the value of the asset in question is a small percentage of the overall pot, it might not be best to make an application to prevent the imminent disposal.
Yes. However, the court would only ever make such an order if there is ‘powerful evidence’ that giving notice would lead to your spouse defeating the purpose of the injunction or where there is literally no time in which to give notice to prevent the wrongful act. It is essential to obtain expert legal advice before making a without notice application.
If your application is not successful, it is very likely you will be ordered to the other party’s costs. You may also need to give an undertaking (a promise) to cover any losses of your spouse on the granting of a freezing injunction.
You should speak with a family law specialist. Hale Family Law are specialists in helping clients make and defend these types of applications. If you require urgent advice, we are on hand at a time to suit you. Contact us now 0161 567 6067 or text 07719 606386.
