Financial injunctions
What is a financial injunction application?
Where a party in financial proceedings has dealt with assets or is about to do so with the intention of defeating your financial claim, you can make an application for a financial injunction to prevent the transaction or set to aside a transaction already made.
What orders can the court make?
The Court may make such orders as it thinks fit for restraining the transaction or for protecting your claim. The court also has the power to set aside transactions already made.
What evidence is required?
Provided you can prove the disposition or intended disposition will have the effect of defeating your financial claim, the court will presume that intention and make orders accordingly.
What happens in cases of emergency?
An application may be made without notice to the other party in cases of emergency (i.e. without their knowledge), in which case there are additional procedural requirements which must be complied with.
Are there other remedies other than going to court?
If there are other available assets to satisfy your claim, it may not be necessary to make a financial injunction application. Alternatively, it may be possible to protect the assets by seeking an undertaking from the other party or their solicitors not to deal with the assets or for their solicitors to hold the assets pending a settlement being reached.
Need further advice?
If you need more detailed advice about preserving assets following separation call us on (01228) 829530 to arrange an initial consultation or request a free call back.
