Protecting your assets
We can apply for a court order if you are concerned about securing your assets after your spouse has received divorce papers. There are a number of ways we can deal with a spouse who is trying to avoid you claiming your rightful share of the family assets or savings.
- An emergency application to court may be required if there is a real risk you’re your spouse is going to sell or dispose of family assets.
- We can apply for an order to stop your spouse from selling a property without your consent, if the property is not in joint names, we will need to take immediate action to protect your interests.
The overall value of your assets should be taken into account before we proceed with an emergency application, there may be other less costly options available which we can consult you on, once we have discussed your concerns.
What powers do the courts have?
The courts have wide ranging powers to assist with protecting your assets, including:
- An order to provide information about the location of property or assets.
- The High Court can freeze bank accounts and limit your spouse’s ability to deal with assets within or outside the UK.
- The court can reverse transfers that have already happened, for example if your spouse has sold a property without your consent or moved money to a third party.
- A search order can be made if you need to enter your spouse’s property to search and retain evidence that may be destroyed or disposed of.
- The court can seize your spouse’s passport to stop them leaving the country and avoiding compliance with an order or removing assets.
- An order can be made to detain or preserve property, to be inspected, to take samples from or to be sold.
- The payment of income from a property until an application has been decided.
- An order to disclose documents
What is the procedure?
An application must be made within divorce proceedings to resolve these issues.This is a complex area of law and it is important to seek advise from solicitors when your financial future is at stake.
The court can make an emergency order without the other party being present, but will list another hearing giving them the opportunity to respond.
Can assets be won without court proceedings?
An application to recover assets can only be made within matrimonial proceedings once a divorce petition has been submitted to the court.
If you are considering divorcing your spouse, it is important to keep a record of any financial transactions, stay alert by reviewing joint bank statements and seek legal advice from our family lawyers at the earliest possible opportunity.
The best course of action will depend on your circumstances, the level of urgency, and whether an emergency application is proportionate considering the overall value of your assets.
Why Adam Bernard Solicitors?
- Our family department understand the importance in protecting your assets and the complications that arise as a result of a split with a loved one.
- Our years of experience in this area of law ensure that we are relentless in our drive to secure the results our clients desire.
- Our client testimonies evidence our capabilities in this field of law and our testament to the reputation of our family department.