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.

What our clients say

“Careful consideration and time …”

Thank you for steering the dispute to family foundation, something my ex-partners legal advisor should have requested form the outset as a first step. A summons to Royal Court would have been a very bad situation for all parties.

I thank you for your careful consideration and time.

Family Law March 20, 2023

“Relief is an understatement …”

Thank you for the decree absolute from Natalie. Relief is an understatement! Thank you to both of you [Natalie and Catia] for all your work, understanding, compassion and support through the most awful of times.

Family Law July 18, 2022

“Huge thank you …”

Huge thank you to you Natalie and your colleagues involved with my separation agreement and making things so simple and fast in what has been a difficult time. I look forward to receiving my updated draft Will for my perusal and finalisation.

I will certainly recommend you to everyone and I have told my daughter to contact you re her Wills as she has now been waiting 9 months with numerous chaser e mails to another firm and still nothing to sign!

Family Law July 13, 2022

“Thank you so much …”

Just a quick note from me, thank you so much for all your help on this Natalie.  I appreciate I have probably been quite persistent (putting it kindly) in contacting and requesting updates and appreciate how you have handled this and dealt with the stressful situation last week.

Family Law October 25, 2021

“I am so very grateful …”

Thank you so much for all your help Natalie.  You are making this incredibly difficult time far easier and for that I am very grateful.

Family Law May 11, 2021

“Thank you so much ….”

Thank you so much for your kindness and professionalism today. You made a difficult day much easier.

Family Law October 29, 2020

“Natalie and the team worked together seamlessly …”

‘Natalie and the team worked together seamlessly as a team for me consciously keeping my costs throughout as low as possible, whilst at the same time in my opinion giving me the best advice and always making sure I understood any ramifications of our decisions. They were at all times extremely kind, friendly, polite and punctual and the time spent in the offices was always friendly and not intimidating at all, almost family like. Legal 500 2021 client testimonial 

Family Law October 1, 2020

“I think the key is the whole firm feels like a real team …”

‘Parslows were head and shoulders the friendliest and most welcoming, right from their receptionist’s warm welcome. The whole team instantly realised my position and distress, they put me at ease and explained the best way forward and the likely costs moving forward. After walking into their firm a complete mess I left feeling a lot happier and comfortable that we could all work well together, I have been working with them now for over a year and simply can’t praise them enough. I think the key is the whole firm feels like a real team.’ Legal 500 2021 client testimonial 

Family Law September 14, 2020

“Thank you again for getting me home …”

The move went well despite the Covid situation and to have my family with me is great.  Thank you so much for getting me home.

Family Law August 3, 2020

“You make an awesome team …”

I cannot tell you enough how much I appreciate all your and Natalie's hard work. You make an awesome team and I can’t thank you enough.

Family Law June 15, 2020

“A very well deserved thank you for all the work …”

I’ve never really given a thank you that was deserved for all the work carried out by Parslows and the efforts that you put in over the full duration of the case. Your patience during some very tedious moments, advice and with support from the team throughout, was very much appreciated.

Family Law February 24, 2020

“Will utilise your services in the future …”

Thank you to the Parslows team for the services they have provided to me over the last 12 months. Will utilise your services in the future (hopefully not necessary) if and when required. Have a lovely weekend.

Family Law November 18, 2019

“I would recommend you to anybody going through the same proceedings …”

I cannot express enough how grateful I am for your work on this case, it has been painful to say the least but I couldn’t fault you Natalie for your ongoing support.  I would recommend you to anybody going through the same proceedings.

Family Law November 5, 2019

“No praise high enough …”

I  can't thank you and the team highly enough for all you have done. In a few weeks I’ll be back again as I want to make a new will. But really…. without you and the team I would been been totally lost. There is no praise high enough for you all.

Family Law October 10, 2019

“Thank you for making this possible …”

Thank you for making this possible. You and Natalie and everyone at Parslows have been wonderful over this long and at times rather traumatic 16 months.

Family Law September 25, 2019

“Efficient and professional …”

Thank you for your services ..... I have been very pleased with the efficient and professional service which you provide.

Family Law July 2, 2019

“Thank you for your continued help …”

Thank you for your continued help and support in this matter and thank you to the family team.

Family Law May 10, 2019

“You were amazing …”

Hi Natalie, honestly thank you so much for today, you were amazing and got every point over perfectly! Hopefully some positive steps forward but watch this space!

Family Law April 29, 2019

“You are a credit to your industry …”

Thank you for getting me to this point. Your help and support has been paramount in getting us here.  You are a credit to your industry.

Family Law September 27, 2018

“You are an absolute star …”

You are an absolute star. I wouldn’t have done this without you.

Family Law July 23, 2018

“I took your advice … he has paid all maintenance owed ….”

Just a quick update regarding my problem with my ex paying the maintenance he owed.  I took your advice and contacted a debt collection agency which we use in work.  Today he has paid all maintenance owed and agreed to increase his maintenance payments to the correct amount.  I am in shock!  I wanted to thank you for your advice and for taking the time to help me I really appreciate it.

Family Law July 2, 2018

“Gratitude for your professionalism and conduct …”

I am whole heartedly relieved with final closure and agreement of the proposed settlement offer. Please can I extend my gratitude for your professionalism and conduct in reaching the final outcome.

Family Law February 15, 2018

“You’ve really helped in so many ways …”

Thank you very much [Natalie], and thank you again for all your help, advice, patience and guidance over the last year or so. You’ve really helped in so many ways and it really is appreciated.

Family Law November 27, 2017