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Financial injunctions

Following the breakdown of your marriage or relationship, consideration needs to be given to a fair financial settlement of joint assets and to resolving issues of financial dependency. This process can take periods of time to understand and resolve.

During this period the status quo of the financial situation should be maintained insofar as is possible. Assets should not be depleted or disposed of.

There are some cases in which one party seeks to unilaterally dispose of assets in a manner intended to minimise or deny the entitlement or interest of the other party. In these cases, urgent and expert consideration needs to be given to securing an injunction to prevent a disposition before it occurs. If the disposition has occurred then an application to cancel or set aside the disposition may need to be made.

An application for such a financial injunction should only be made if there is evidence that the other party is about to take, or has taken, assets or disposed of them or transferred them to a third party. An application for this type of injunction can be made on an urgent basis and in some cases it may be justified to make the application without informing the other party until after the judge has considered the application and granted the injunction.

The recent case of UK v BK (Freezing Orders: Safeguards: Standard Examples) [2013] EWHC 1735 (Fam) sets out the law and the correct procedure to follow that the court will expect for any application for an injunction. Any failure to comply with the guidance in this case could result in a refusal of the court to make the injunction and/or award a costs penalty.

Our family law experts have considerable experience in making applications for financial injunctions and can guide you through the relevant procedure.  If you fear any inequitable or unfair disposition of family assets before a fair determination or settlement is reached then you should contact us urgently. We will endeavour to meet with you as soon as possible to advise you on the merits of your case.

NB This is a general summary of the law as at the date of creation of this page. It should not replace legal advice tailored to your specific circumstances.