Where the precise requirements of s.37 cannot be fulfilled, it is still possible to apply for a freezing order. This can be done under the court’s inherent power to make orders to achieve fairness.
What is a freezing order and when can it be applied for?
In the context of financial proceedings, a freezing order is an order preventing a person from disposing of or dealing with assets until a financial settlement is reached. A freezing order will only be granted if you can show that:
you have a good arguable case that the asset forms part of your claim for financial relief; and
your spouse will be unlikely to comply with any financial settlement unless he or she is prevented by the court from dealing with the asset in question; and
it is just and convenient in all the circumstances of the case to grant the freezing order.
Which assets can I protect?
A freezing injunction can be obtained in respect of your spouse’s assets, although it should be limited to the amount you realistically might be able to obtain in the financial settlement, plus legal costs. The terms of the freezing injunction should allow your spouse to use enough money to meet reasonable living costs, legal fees and other reasonable expenses.
What can the court do?
Freezing order are a preventative measure. The court can only make an order which prevents your spouse or anybody else from dealing with an asset. The order can only last until the financial proceedings are concluded.