Family and Divorce Law

Family Law – Dealing with a Freezing Order and Financial Remedy Proceedings

What is a Freezing Order and how does it affect financial remedy proceedings?

16 Feb 2022

Team name
Sally Ward

What is a Freezing Order and how does it affect financial remedy proceedings?

We acted for a husband and successfully obtained a Freezing Order under Section 37 MCA 1973 on the net sale proceeds from the family home.  Although the husband and wife had agreed on the division of the net sale proceeds between them, the wife cancelled the cheque she gave to the husband. The freezing order meant that neither party could withdraw the money and preserved it for the final settlement.

The Section 37 application required prompt and decisive action to ensure that the Freezing Order was made before the wife dissipated the funds.  We were able to prepare the paperwork for the application and have the matter heard on the day that the husband instructed us.  Once the funds had been frozen, we were able to negotiate the release of a small proportion of those funds to each party to meet outgoings and legal fees. We then went on to act for the husband in financial remedy proceedings.

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