Divorce – freezing orders

| The Practical Lawyer |

Practitioners must make a quick decision whether or not to apply for a freezing order in matrimonial proceedings. A recent case in which the High Court reviewed existing authorities provides a useful summary of factors to be considered when faced with an application for a freezing order:

  • To obtain a freezing order there has to be a good case, supported by objective facts and evidence that there is a likelihood of the movement or the dissipation or the making of a disposition of assets with the intention of defeating the claim
  • No order should be made in civil proceedings without notice to the other side unless there is good reason not to.
  • If an applicant applies ex parte there is a high duty of candour.

In this article, the author examines the decision and points out that whilst such applications are costly, the need to act swiftly has to be balanced with the need to fully prepare and investigate the application. ND v KP (Asset freezing) [2011] EWHC 457 (Fam). Source: NLJ 27 May 2011.