Freezing Your Spouse’s Assets Within a Divorce

Separation is often painful and can trigger a number of emotions such as anger and hurt. This can lead to one spouse purposely spending the matrimonial assets or selling/transferring assets with the aim of defeating the other spouse’s financial claim. This may mean that by the time the Court is in a position to make a final financial order, there may be limited assets remaining.

Section 37 of the Matrimonial Causes Act 1973 states that the Court has the power to grant an injunction in order to protect a spouse’s claim for financial relief. An application can be made to the Court within matrimonial financial proceedings to restrain and prevent one party from entering into transactions which could result in defeating the other spouse’s financial claim.

Such an application would be filed with the Court when a person has a genuine concern that their former spouse is deliberately entering into transactions and dealings, for the sole purpose of ensuring that the person suffers financially as a result. T