Freezing Injunctions and Maintenance Pending Suit
When separating from your spouse you might find that they stop providing for you financially or try to hide assets.
If your spouse stops providing for you financially you can apply to the Court for maintenance pending suit. In order to do this you would need to start divorce proceedings. The Court will only make an Order that meets your basic living needs so if you are able to meet you own living costs out of savings or from your income such an application might not be appropriate. Maintenance Pending Suit is a temporary Order pending the overall resolution of financial matters.
If your spouse is tries to hide or dispose of valuable property or money, so that you cannot make a claim against them, you can apply to the Court to stop them. This is called a "Freezing Injunction".
You can ask the Court to make an emergency Order preventing your spouse transferring, disposing of or passing the property to someone else and for them to reveal where they have disposed of any property or money. However, you have to give a promise to the Court that you will pay your spouse's costs if you eventually lose your case or if there was not a good reason for asking the Court to give the injunction.
Copies of the injunction can be sent to your spouse's bank or building society to stop your spouse getting rid of his or her property or money. However, your spouse will be allowed to withdraw money for his or her living expenses.
If these matters effect you please complete a contact form or call us directly on 01483 302 000 or email samantha.jago@www.rhw.co.uk
