Freezing Orders: Stop Your Spouse Hiding Assets

What does a freezing order do?

A freezing order, often called a Mareva injunction, is a court order that stops your spouse selling, transferring, withdrawing or moving named assets. It keeps the assets in place so something is left to divide.

It does not decide who owns what. It simply presses pause on the money while your divorce under the Law Reform (Marriage and Divorce) Act 1976 runs its course.

The Act also has its own power. Under Section 102, the court can set aside a transfer made in the past three years to defeat a maintenance claim, or stop one that is planned.

When is it used?

It is not a routine step. A court considers it when there is a real risk that your spouse is hiding or deliberately using up assets, so little would be left by the end of the case.

Warning signs include:

• sudden large withdrawals
• money or property transferred to relatives
• the family home quietly listed for sale
• funds moved overseas or joint accounts emptied

If you have seen any of these, treat it as urgent.

What does the court need to see?

Because the order is powerful, the tests are strict. The court generally wants a good arguable case in the divorce and evidence of a real risk that assets will disappear.

You must also give full and frank disclosure, which means not hiding facts that hurt your case. The court usually asks for an undertaking as to damages: a promise to compensate your spouse if the order later proves wrongly obtained.

How do you apply?

You apply through your lawyer, often urgently. The first application is sometimes made without telling your spouse, so they cannot move money in the meantime.

It is backed by an affidavit, a sworn written statement of your evidence and the risk. An order made at this stage is temporary. Your spouse is then told and can respond.

What it covers and its limits

It can cover bank accounts, land and buildings, shares and vehicles. The order names exactly what is covered.

It does not give you ownership and does not punish your spouse. Your spouse can challenge or change it, and a fair order usually allows reasonable living and legal costs. Breaking it is contempt of court.

Evidence to gather now

Collect bank statements, property records and anything showing unusual money movements or attempts to sell or transfer assets. Screenshots, letters and messages can help.

This is urgent and technical, so speak to a family lawyer quickly, before assets move out of reach.

Looking to engage a divorce lawyer? If you have noticed money or property moving and are unsure whether a freezing order fits, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.