Freezing Orders
What is a Freezing Order?
A freezing order, sometimes known as a freezing injunction, is a temporary court order that prevents a person from disposing of or dealing with certain assets until legal proceedings are concluded. This measure helps ensure that one party cannot hide or diminish assets that the other party may have a legitimate claim over, particularly in divorce or dissolution cases.
Which Assets Can Be Frozen?
A freezing order can apply to a variety of assets, such as:
- Money (bank accounts, cash holdings)
- Property (the family home or investment property)
- Investments (shares, bonds, portfolios)
- Vehicles
- Land
- Potential Future Assets (e.g., an anticipated personal injury award)
Freezing injunctions can be limited to the jurisdiction of England and Wales or, in some instances, can take effect worldwide—though international enforcement varies.
Why Would I Need a Freezing Order?
- Protecting Assets in a Complex Divorce: If you suspect your ex-partner might transfer or hide assets, a freezing order can temporarily safeguard them until a final settlement is reached.
- Mitigating Animosity: In highly contentious separations, having court-backed protection over marital finances can reduce conflict and uncertainty.
How Can HM & Co. Solicitors Help?
Obtaining a freezing order typically requires swift action and thorough evidence. Our freezing order solicitors can:
- Gather Evidence: Demonstrate to the court that relevant assets are genuinely at risk.
- Apply Within Tight Timeframes: Present a robust, well-documented case in line with the court’s procedural rules.
- Handle International Issues: Advise on worldwide freezing injunctions if assets are held overseas.
Under What Circumstances Will the Court Grant a Freezing Order?
Courts hold broad discretion when deciding whether to issue a freezing injunction. Generally, they will consider it “just and convenient” if the following conditions are met:
- Jurisdiction: The English court must have authority to hear the claim.
- Cause of Action: The applicant alleges wrongdoing (e.g., deceit or breach of trust) or has a valid counterclaim.
- Good, Arguable Case: While certain success need not be shown, the court reviews the likely strength of the claim.
- Sufficient Assets: The assets in question must be sufficient to meet the claim’s potential value.
- Real Risk of Dissipation: Evidence must suggest the respondent might dispose of or diminish the assets.
- Undertaking to Pay Damages: The applicant must promise to cover potential damages if it later emerges that the freezing order should not have been granted.
Need Further Advice? Contact HM & Co. Solicitors
If you require legal guidance or would like to discuss applying for a freezing order, our experienced team can assist.
HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
We’re here to ensure your assets are protected, offering the reassurance and expert representation you need throughout the legal process.
Your Questions, Answered
FAQs
FAQs: Forensic Accountants in Divorce
What financial aspects can forensic accountants investigate?
Our forensic accounting team may examine various financial records and assets, such as family bank accounts, business interests, properties, pensions, and even cryptocurrencies. Their aim is to uncover any discrepancies or hidden assets, ensuring a transparent and fair settlement.
They are particularly helpful if one party has had significantly more control of the family finances, enabling both spouses to gain clarity on the true financial picture.
How do forensic accountants uncover discrepancies?
A forensic accountant combines auditing, investigative techniques, and financial management skills to build a comprehensive overview of family finances. They might analyse:
- Bank statements and transaction histories
- Financial reports and tax records
- Spending patterns
- Evidence of hidden or transferred assets
Because these investigations can be complex, it’s advisable to seek advice from a forensic divorce accountant as early as possible in the proceedings.
Can forensic accountants assist cohabiting couples who separate?
Currently, cohabiting partners in England and Wales do not enjoy the same legal rights as married couples, such as the automatic right to inherit one another’s property or pension. As a result, there is no specific legal framework to divide assets when a cohabiting couple separates, so forensic divorce accountants are typically not employed in cohabitation disputes in the same way they are for divorcing spouses.
How can a spouse be prevented from hiding or selling assets during divorce?
In high-conflict or high-net-worth cases, a spouse might attempt to conceal assets or dissipate funds to reduce the amount available to their ex-partner. A forensic accountant can help expose such hidden wealth or unusual expenditures.
In certain circumstances, a freezing order may be issued by the court to protect relevant assets from being sold or transferred before a fair settlement is reached.
Who decides how assets are split during a divorce?
If the couple cannot agree on their own, the court will determine the division of assets, guided by principles of fairness. Factors considered include:
- Income and earning potential
- Child and spousal responsibilities
- Standard of living during the marriage
- Any other relevant circumstances
Every divorce case is unique, and there is no single rule about how assets must be divided.
How much do forensic accounting services cost?
Because each investigation is tailored to the specific circumstances of a case, there is no fixed fee for these services. Once our forensic accountants understand the scope of work required, they will provide an estimated cost so that you have a clear idea of the potential expenditure involved.
Need More Information or Assistance? Contact HM & Co. Solicitors
Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
We are here to guide you through the forensic accounting process, ensuring you have the accurate financial insights necessary for a just and transparent divorce settlement.
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I have been using HM & Co. Solicitors since Feb 2020 for my Non-Molestation order and Child Arrangements proceedings. Since using them I have had two amazing solicitors on my case, Felicia and Ayesha.
This has been the first time I have ever been to court and had been quite nervous, especially due to the sensitivity of the proceedings. Felicia and Ayesha have been nothing but patient, professional and understanding.
I have felt very supportive and reassured throughout the proceedings and they have made sure that I understand what is going on throughout all the hearings.
If anyone is ever needing of legal help relating to Domestic Violence or Child Arrangements, I will always recommend HM & Co. Solicitor, Felicia and Ayesha.
Thank you again for all your help and support!
Love to say a massive thank you to HM & Co.Solicitors for a job well done on my two cases, really excited with the way my case was handle by Miss Daisy was amazing with good communication with client, very supportive, professional. I will recommend them to anyone experiencing legal/family issues and need legal advice/support. Miss O Adesina.
HM & Co. Solicitors are so helpful from receptionists right to the solicitors. I've had a few applications made to the court, which includes a non molestation order, recovering my son's passport from his dad and also arranging visits and Felicia is such a professional, organised solicitor who knows her staff so well. She is a blessing and willing to help. She thinks outside the box, and finds solutions in the blink of an eye! Besides her expertise in this field, she will not hesitate to speak up and stand firm when necessary. I am very grateful for her and the company who are so supportive and helpful. Highly recommend!
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Michael, our solicitor, explained the process clearly so it was not stressful, and acted efficiently to speed up the process. He also ensured we did not exchange immediately due to uncertainty over building works, which saved us a lot of money in the long-run. His judgement calls were excellent and ensured we came out with the best deal possible. I would not hesitate to work with HM &Co Solicitors again.
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