Where financial proceedings are issued or anticipated there may be a concern that one or other spouse or cohabitee may transfer assets abroad, to others or seek to dissipate them in other ways. In addition, it is sometimes the case that assets may already have been transferred to third parties in an apparent attempt to defeat the other party’s claim. In such circumstances the court has power both under the Matrimonial Causes Act 1973 (“MCA 1973”) and under its inherent jurisdiction to freeze assets and thereby to prevent such transfer or dissipation. The court also has power under the MCA 1973 to set aside transactions.
Our members are very experienced in applications of this nature. Jane Campbell appeared in R v R [2013] EWHC 4244 in which some of the jurisdictional aspects of such injunctions was considered by the President of the Family Division.
These cases may be urgent and our clerks are happy to direct you to experienced members of the Finance Group who can assist and advise immediately.
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