How do Divorce Freezing Orders work in Northern Ireland?
How Wilson Nesbitt Can Help You Protect Your Assets
Going through a separation or divorce is often an emotionally challenging time, and for many people, concerns about financial security and asset protection can add to the stress. In Northern Ireland, one legal tool that can help safeguard your financial interests during this process is a divorce freezing order.
This order can play a crucial role in preventing one party from disposing of or hiding assets before they are properly divided.
Our experienced Family Law team, led by Partner Ciara Brolly, is here to guide you through every step of securing a divorce freezing order, ensuring your assets are protected while you navigate the complexities of separation.
What is a Divorce Freezing Order?
A divorce freezing order, also known as a Mareva injunction, is a legal mechanism that prevents one spouse from transferring or hiding assets during divorce proceedings. If you have reason to believe your partner may try to dissipate (hide, transfer, or dispose of) shared assets in order to avoid a fair settlement, you can apply for this type of order through the courts.
Freezing orders are not granted automatically; you must provide compelling evidence that your spouse is likely to move assets out of reach. Common reasons for requesting a freezing order include:
- Suspected bank account withdrawals or fund transfers.
- Sale of shared property without consent.
- Transferring valuable assets such as shares or investments to third parties.
A freezing order ensures that these assets remain accessible, and it prohibits your spouse from disposing of them until a final financial settlement is reached.
How a Divorce Freezing Order Works in Northern Ireland
If you are going through a divorce in Northern Ireland, your financial settlement will be governed by family law, which seeks a fair division of assets. However, if you believe that your spouse is trying to hide or deplete the marital pot, applying for a freezing order may be a necessary step to protect your financial interests.
To obtain a freezing order, you must apply to the Court, and your application needs to meet certain legal criteria, such as demonstrating:
- There is a real risk that your spouse will dissipate assets.
- You have a strong case for financial claims within the divorce.
- The freezing order is necessary to ensure a fair outcome.
These applications are usually a last resort, but once granted, a freezing order can cover both domestic and international assets, and it applies not only to money but also to property, vehicles, shares, and other valuable resources. Breaching a freezing order can result in serious legal consequences, including fines or imprisonment for contempt of court.
How We Can Support You
Ciara and our dedicated Family Law team understand the intricacies and how to best use the legal tools available to protect your interests. If you are concerned about the possible dissipation of assets during your divorce, our team can guide you through the entire process of applying for a freezing order. Here’s how we can assist:
- Expert Legal Advice: We’ll assess your situation, explain your legal rights, and help determine whether a freezing order is appropriate for your case. If so, we’ll work with you to build the evidence necessary to support your application.
- Securing a Freezing Order: From gathering financial records to preparing court documents, we’ll handle every aspect of applying for the order. Our team has the experience and expertise to present your case effectively in court, increasing the likelihood of a successful application.
- Post-Order Guidance: Once a freezing order is in place, we’ll help you understand its implications, ensuring that you comply with any legal obligations while monitoring your spouse’s actions to prevent breaches.
- Comprehensive Asset Protection: In addition to freezing orders, we offer broader asset protection strategies that can help ensure a fair settlement. This includes identifying hidden assets, working with financial experts, and negotiating to secure your financial future.
Why our Family Law team?
With decades of experience in matrimonial law, we are one of Northern Ireland’s leading family law firms. Ciara and our team are committed to providing compassionate, strategic, and effective representation for clients going through divorce and separation. We know that every case is unique, and we tailor our approach to meet your specific needs—whether you require urgent action or long-term financial planning.
Our clients benefit from:
- Specialist knowledge in divorce law and financial settlements.
- A trusted legal partner with a proven track record in obtaining freezing orders.
- Clear, practical advice designed to reduce the emotional and financial strain of divorce.
Let Us Help You Protect What Matters Most
If you are facing a divorce and are concerned about safeguarding your assets, our team is ready to help. Our priority is ensuring that you receive a fair financial settlement and that your financial future is secure.
Get in Touch
To learn more about divorce freezing orders or to arrange a consultation with Ciara, contact us today.
Let us guide you through this difficult process with confidence and clarity, ensuring that your rights and your assets, are fully protected. Call us 028 9022 7808 on or make an enquiry here.