Ensure the safety of your assets with a freezing injunction
If you’re concerned about your partner disposing of assets, our expert family law team can help.
Injunctions and Freezing Orders
If you are concerned that your spouse or civil partner may dispose of assets, your divorce or civil partnership lawyer may advise you to issue an application for a freezing injunction. If successful, a freezing injunction will prevent your spouse or partner from disposing of or dealing with the assets.
Where there is a concern that assets will be disposed of, your lawyer may advise you to issue an application in your home country before divorce or civil partnership dissolution proceeding being issued. Alternatively, it may be necessary during proceedings to apply for a freezing injunction.
What is a freezing injunction?
A freezing injunction is a court order which prevents your spouse or partner from disposing of or dealing with assets. Therefore, a freezing injunction can be a useful tool should you be concerned that family assets in Jersey are at real risk of being disposed of.
When would a freezing injunction be made?
An application for a freezing injunction order would be made if you consider there is a real risk that assets are about to be disposed of or dissipated. In order for the Royal Court to grant such an application it would need to be persuaded that not only is there a real risk but that it would prejudice the other party’s financial claims or prejudice their ability to implement a financial settlement.
It is vital that an application for a freezing injunction is made without delay. Any delay in applying will make it more difficult to convince the Royal Court the injunction order is necessary.
Can I apply a freezing order to Jersey assets where I am getting divorced in another jurisdiction?
A freezing injunction can be sought in respect of overseas divorce proceedings. However an application will be required to the Jersey Royal Court, it will not automatically extend from your jurisdiction. In such cases, the applicant will have to show the presence of relevant assets in the Jersey or a sufficient connection between the respondent and Jersey before they can proceed.
When will the Jersey Royal Court grant a freezing injunction?
In very general terms, the following conditions will need to be met. The applicant must:
- Have a cause of action
- Be able to demonstrate they have a good arguable case
- Be able to show there are assets and that there is a real risk that the assets will be disposed of or dissipated
- Provide an undertaking for damages to the other party (in case the other party is later able to prove the injunction should not have been applied)
Who would be subject to a freezing order?
A freezing injunction will take effect personally against the party subject to it. A freezing injunction may be made against an individual or a third party holding assets on behalf of said individual. Bank or trustees are examples of possible third parties.
What is the procedure for applying for a freezing order in Jersey?
To be completed…
Where you are divorcing in another jurisdiction and where assets in Jersey are at risk of dissipation, we can work in tandem with your lawyer to ensure the freezing injunction is successfully applied for in Jersey.