What is an Injunction Order?
Injunction orders can include freezing bank accounts and setting aside a sale or transfer that has already taken place. The law relating to the exercise of the above powers is very complex and often requires immediate action. It is therefore vital that specialist legal advice is sought at the outset.
Common examples of spouses attempting to put assets beyond the reach of the court includes the following:
- Transferring cash or investments out of the country
- Transferring property or shares at an undervalue to a willing third party
- Encashing investments and policies
- Mortgaging a property
- Spending cash savings
The purpose of an order is to preserve assets. A balance must be struck between protecting interests and ensuring an order does not restrict another person’s freedom unnecessarily. Where necessary, injunction orders can be made in relation to company assets, including shares in a company and the company will need to be joined as a party to proceedings.
For example, obtaining an order forbidding the disposal of or dealings in any way to diminish the value of a party’s shareholding in a limited company. An order can apply to assets held abroad in special circumstances, but careful consideration must be given to how such assets can be identified and the viability of enforcement measures.
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Our specialist teams can provide full service legal advice and assistance, providing practical and cost-effective solutions.
Specialist divorce and family solicitors
Our family solicitors have considerable experience in dealing with cases involving all of the above as well as many more complex schemes designed to defeat a spouse’s claim.
Our solicitors can advise you as to the practical and legal steps that can be taken to protect your potential claims. These may include urgent applications to the court to protect the assets pending the redistribution of wealth upon divorce.
Should you have any concerns that this may be happening to you, specialist legal advice should be sought at the earliest available opportunity.
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Our team specialise in taking a personal approach which prioritises making the process of working with us as easy as possible. Learn more about Ellis Jones, our culture and values, and get in touch with a member of the team.
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