Jersey injunctions and freeze orders for families
In family law matters, there are times when urgent legal action is needed to protect individuals, children, or assets. In Jersey, the Royal Court has the power to grant various protective measures, including injunctions, freezing orders, and caveats, each serving a distinct purpose depending on the nature of the risk or dispute. These remedies are often used in the context of divorce, separation, domestic abuse, or estate-related concerns.
A freezing order in Jersey is a Royal Court order that prevents a party from disposing of or dealing with assets. It is typically used where there is a real risk that one party may attempt to dissipate assets before a financial settlement can be reached. This can include bank accounts, property, shares, or other valuable holdings. The applicant must demonstrate a good arguable case, show that assets exist and are at risk, and provide an undertaking for damages in case the order is later found to be unjustified. Freezing orders can be applied for urgently and, in some cases, without notifying the other party (ex parte), especially where delay could result in the loss of assets.
Freezing injunctions are particularly relevant in high-conflict separations or where one party has control over significant financial resources. They may also be sought in Jersey even if divorce proceedings are taking place in another jurisdiction, provided there is a sufficient connection to the Island or the assets in question are located here.
Injunctions in Jersey family law can take several forms. A non-molestation injunction protects individuals from harassment, threats, or violence, and is commonly used in cases involving domestic abuse. An ouster injunction may be granted to remove a person from the family home, while a non-removal injunction can prevent a child from being taken out of Jersey without consent. These orders are designed to preserve safety, stability, and the status quo while legal proceedings are ongoing.
Injunctions are granted based on evidence of harm or risk, and the Royal Court will consider whether the order is necessary and proportionate. Breaching an injunction is a serious matter and may result in fines or imprisonment. Applications are made to the Royal Court and should be supported by detailed affidavits and legal submissions.
A caveat in Jersey is a legal notice entered against an estate to prevent a grant of probate or administration from being issued. This is often used in contentious probate situations, but may also be relevant in family law where there is a dispute over inheritance or succession following separation or the death of a partner. Entering a caveat ensures that no action can be taken on the estate until the dispute is resolved, providing time to investigate claims and seek legal advice.
At Parslows LLP, our team of experienced family law solicitors and advocates in Jersey regularly advise on protective measures in family law cases. Whether you are concerned about asset dissipation, personal safety, or estate disputes, we provide clear, strategic guidance tailored to your circumstances. We act swiftly and discreetly to secure the necessary orders and protect your position.
If you believe you may need a freezing order, injunction, or caveat in Jersey, contact Parslows LLP today. Our family law team will assess your situation and advise on the most appropriate legal steps to safeguard your interests.
