Q: Which court can issue a freezing order?
A: While High Court Judges often deal with freezing order applications, District Judges and Circuit Judges also have the jurisdiction to grant them. The power to grant a freezing order comes from section 37 of the Senior Courts Act 1981, and a court will only use it if convinced it is “just and convenient,” i.e., that it’s fair given the specific circumstances of the case.

Note: Freezing orders should not be pursued lightly. If there’s a genuine need to secure particular assets and strong evidence that the other party aims to dispose of them, an application can be highly effective. However, it is vital to seek expert family law advice from a solicitor with experience in such applications.

Q: What must be shown to the court before a freezing order can be granted?
A: Typically, the court needs to see:

1. A Good, Arguable Case: Evidence that refusing an order would risk injustice.
2. Solid Evidence of Intent: Proof that the other party intends to sell, transfer, or dispose of assets to prevent you from benefitting.
3. An Undertaking (Promise): The applicant must cover potential losses or costs incurred by the respondent or any third party due to the freezing order.
4. Reasonable Exceptions: The order should allow the other party to maintain living expenses, pay debts, and cover legal fees.
5. Proportionality: Only assets matching the value of the claim should be frozen.
6. Full & Frank Disclosure: Factual statements supporting the order must be “scrupulously candid.” A failure to be fully transparent could lead to the order being discharged and costs awarded against the applicant.
7. Service Undertaking: The applicant may need to serve the court papers by a specified date.

Q: Is there a standard duration for a freezing order?
A: Freezing orders typically stay in force until the related proceedings conclude or the court discharges them. Initially, they may be granted for 7 to 14 days, pending a further hearing. At that point, the court can decide whether to extend the order, vary it, or discharge it entirely.

Q: Can a freezing order extend to foreign assets?
A: In principle, an England and Wales court can make a worldwide freezing order if there’s a realistic chance that foreign authorities will recognise and cooperate with it.

• Domestic Threat: If assets are in England and Wales but could be moved offshore, a standard domestic freezing order might be enough.
• Already Offshore: If the assets are already abroad, a worldwide freezing order may be requested, but its success often depends on the legal system of the country involved and their willingness to uphold an English court’s injunction.

Q: What are the consequences of non-compliance?
A: Disobeying a freezing order can result in contempt of court, punishable by:

• Fines
• Imprisonment
• Additional asset freezes

Courts take breaches very seriously, so immediate legal advice from experienced freezing order solicitors is strongly recommended if you’re in any doubt about your obligations.

Need Further Guidance on Freezing Orders?

At HM & Co. Solicitors, our dedicated family law specialists have considerable experience handling freezing order applications and advising clients on the best way to protect their assets. If you need help applying for or disputing a freezing order, we can offer personalised support throughout the process.

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

Contact us today for expert guidance on securing and enforcing freezing orders, or any other family law matters.