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

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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

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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.

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Family Law July 13, 2022

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Family Law October 25, 2021

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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

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Family Law October 29, 2020

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‘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

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‘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

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Family Law August 3, 2020

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Family Law June 15, 2020

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Family Law February 24, 2020

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Family Law November 18, 2019

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Family Law November 5, 2019

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Family Law October 10, 2019

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Family Law September 25, 2019

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Family Law July 2, 2019

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Family Law May 10, 2019

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Family Law April 29, 2019

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Family Law September 27, 2018

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Family Law July 23, 2018

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Family Law July 2, 2018

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Family Law February 15, 2018

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Family Law November 27, 2017