We recently wrote about how justice secretary David Gauke planned to bring forward long awaited legislation that will remove the need for separating couples to allocate blame before seeking a divorce. You can read this blog in full by clicking here . ...
Occasionally during the course of divorce or dissolution of civil partnership one party may attempt to dispose of assets before financial arrangements on divorce/civil partnership dissolution have been resolved.
If there is a real danger that your former partner is about to deal with an asset with an intention of defeating or reducing the financial provision to be made to you, then it may be possible to apply to court for a freezing order, a type of injunction preventing your spouse or civil partner from dealing with or disposing of money or property, usually until the conclusion of the proceedings.
As well as granting injunctions to prevent the disposal of assets, the Court also has the power to set aside a disposal that has already been made, provided it can be shown that the disposal was made with the intention of defeating or reducing a financial claim. This is only possible where the disposal was not made for market value to an innocent third party.
Why we are different
Applications to freeze assets and set aside disposal of property can be very draconian and should be considered a last resort. Our specialist family solicitors are Resolution Accredited Specialists in complex financial provision and have the in depth knowledge necessary to deal with this highly specialised area of law.
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For more information, call us today on 0208 882 9850