Freezing Orders and Asset Protection

Getting divorced can be a very stressful time for many. When stressed, people can behave irrationally, and at this time irrational behaviour can include attempting to getting rid of assets in the hope of reducing their spouse’s financial claims within the divorce.

If you are genuinely concerned that your spouse is about to transfer assets out of the jurisdiction or give assets to friends and family, and you have evidence to support this concern, you can apply for a Freezing Order, which will prevent your spouse from disposing of their assets. You can have bank accounts frozen for example, and you can also freeze something that your spouse has not yet received, such as the proceeds of sale of their property if a sale of the sale of the property has already been agreed and completion is to take place shortly.

A Freezing Order can cover assets abroad, but only where the courts in the country where the assets are situated will cooperate with that freezing order.

What might happen if you disobey a Freezing Order

You can be sent to prison and/or fined if you breach a Freezing Order, so it is very important that you seek specialist legal advice as soon as you are served with said freezing order.

Enforcement of Financial Orders

When a party fails to comply with a court order, the aggrieved party will have to take steps to enforce the order. While there is a range of enforcement options available, this is often one of the most difficult and frustrating areas of Family Law.

Our expert family lawyers here at Price Slater Gawne are skilled at negotiating financial settlements, which foresee issues such as non-payment, and we try to put security in place in the event that payment is not made.

Breach of a Financial Consent Order

A consent order is a legal document recording the financial division of assets or payment of maintenance following a divorce. A consent order is approved and sealed by the court and must be adhered to by both parties. Occasionally, the situation arises where one party attempts to try and avoid the implementation of the terms of the financial order.

If an order has not been complied with, you must contact one of our expert family lawyers who can take immediate action on your behalf to ensure compliance of the financial order. Please note that time can be of the essence with such steps and delays should be avoided.

Non-payment of maintenance

Where a party has ceased to make maintenance payments, the receiving party will be extremely anxious, as they may rely heavily on this maintenance as a source of income. In such circumstances, it may be possible to apply for an Attachment of Earnings Order, that is, an order that money from a person’s wages is paid direct from that person’s employer to the person who is owed the money.

In other cases, it may be possible to seek an order putting a “freeze” on the non-payer’s assets so that he/she cannot operate financially until they comply with their obligations. It may be possible for interest to be claimed on any maintenance arrears and this is something that we will discuss with you. Please note that delay in pursuing the breach of a financial order, whether as a maintenance provision, could have a detrimental impact if immediate advice is not obtained. This is will we strongly advise consulting one of our expert family lawyers as soon as you decide to separate. Please contact our team today on 03333 058375, or email family@psg-law.co.uk We are here to help you.

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