This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to freezing orders in divorce and financial remedy proceedings in England and Wales, explaining what they are, how they work, when they are used, legal tests, process, enforcement and practical considerations under current family law.
When a marriage or civil partnership breaks down and financial issues remain unresolved, the risk that one party might conceal, dispose of or transfer assets to avoid sharing them can be significant. Freezing orders (also known as freezing injunctions or, in some contexts, Mareva injunctions) are a powerful legal tool in family law proceedings that help prevent this kind of dissipation of assets until the court can fairly resolve financial claims. This article explains what freezing orders are, how they work in divorce cases, the legal tests involved, the procedural steps, practical considerations and common questions, based on current UK family law practice and statutory context.
What Is a Freezing Order?
A freezing order is an interim court injunction made during divorce or financial remedy proceedings under Section 37 of the Matrimonial Causes Act 1973. Its purpose is to prevent a spouse or civil partner from disposing of assets that are under threat of being diminished, moved, transferred or hidden before the financial settlement is concluded.
Freezing orders do not transfer ownership of assets or determine entitlement; instead, they maintain the status quo so that the court can later decide how assets should be divided. They are complex and strong remedies, and courts exercise caution in granting them because of the restrictions they place on an individual's freedom to deal with their own property.
When Are Freezing Orders Used in Divorce Cases?
Freezing orders are most often sought where an applicant reasonably believes that the respondent (the other party) is about to:
- Sell or transfer significant assets (such as property, shares or bank funds);
- Move assets out of England and Wales or into a third party's name to place them beyond the reach of the court;
- Dissipate funds by spending them in ways that reduce their value before the court can make a final financial order.
These orders may also be extended to cover assets held by third parties if the court has reason to believe they are being used to conceal or protect assets that should form part of the financial settlement.
Legal Basis and Statutory Requirements
A freezing order in divorce proceedings is made under Section 37 of the Matrimonial Causes Act 1973. To obtain such an order, the applicant must persuade the court that:
- They have a good arguable case on the substantive financial claim;
- There is a real risk that assets will be disposed of, hidden, or dissipated before the court can make a final financial order;
- There are assets available that are the subject of the claim;
- The absence of a freezing order would likely result in injustice by defeating the applicant's financial claim.
The applicant must also provide full financial disclosure and sometimes give a court undertaking to compensate the respondent if it later transpires that the order was wrongly granted.
What Assets Can Be Frozen?
Freezing orders can apply to a wide range of assets, including but not limited to:
- Bank accounts and cash funds (personal or business);
- Residential or commercial property;
- Investments such as shares or bonds;
- Business interests and intellectual property rights;
- High‑value personal items and even assets not yet received, such as awards of damages.
The court will carefully identify the specific assets in the wording of the order and may tailor restrictions to avoid undue hardship, such as permitting necessary living expenses or business costs despite the freezing order.
Procedure: Applying for a Freezing Order
Timing and Urgency:
Freezing orders may be applied for before financial remedy proceedings are issued or at any point during those proceedings. In urgent cases, the initial application may be made without notice to the respondent so that there is no opportunity for assets to be secreted or dissipated before a judge considers the application.
Initial Hearing:
If made without notice, the order is usually short‑term (often 7–14 days) and is followed by a return hearing where both parties can present evidence on whether the order should remain, be varied or be discharged.
Service and Third Parties:
Once granted, the order must be served on the respondent and any third parties (such as banks or financial institutions) for it to be enforceable. Until service, the restrictions do not bind those parties.
Duration and Variation
A freezing order remains in force until it expires on the date specified in the order or until the court varies or discharges it. Many freezing orders remain in place until the financial remedy proceedings conclude and a final financial order is made.
A respondent can apply to vary or discharge the order if circumstances change or if the original grounds for the freezing order are no longer present. The court will balance the need to protect assets against fairness and any hardship caused by the restrictions.
Consequences and Enforcement
Non‑Compliance:
Complying with a freezing order is mandatory. A failure to comply - including instructing others to act on one's behalf - can lead to contempt of court proceedings, which may result in fines, seizure of assets, or even imprisonment.
Third Parties:
Banks and other institutions that receive notice are legally bound to enforce the terms of the order in relation to assets under their control. This may include preventing withdrawals, transfers, or sales.
Practical Considerations
Full Financial Disclosure:
Applicants must provide complete and accurate information about assets. Partial or misleading disclosure can lead to the order being discharged and costs awarded against the applicant.
Undertakings and Liability:
The applicant may need to give an undertaking to compensate the respondent or third parties for losses caused by the freezing order if it is found to have been unjustified. This reflects the serious nature of these injunctions.
Alternatives:
Where appropriate, alternatives such as protective restrictions on property titles or voluntarily agreed undertakings to preserve assets may avoid the need for a formal freezing order.
Common Questions About Freezing Orders
Can I apply without notifying my spouse?
Yes - in urgent cases the initial application may be made without notice to prevent tipping off the respondent and risking dissipation of assets.
How long do freezing orders last?
Initially they may be short term until the next court hearing. If confirmed, they can remain until financial remedy proceedings conclude or be varied sooner.
Can assets held abroad be frozen?
Yes. The court can order a worldwide freezing order, though practical enforcement depends on recognition in the relevant jurisdictions.
What happens if the order is breached?
Breach can lead to contempt of court proceedings with severe penalties, including fines or imprisonment.
Key Takeaways
Freezing orders are interim injunctions used in divorce and financial remedy proceedings in England and Wales to protect assets from being dissipated, transferred or hidden before the court can fairly determine financial claims. Made under Section 37 of the Matrimonial Causes Act 1973, they enable courts to maintain the status quo and preserve asset value. Applicants must show a real risk of asset dissipation and provide full disclosure. Orders can apply to many types of assets, including bank accounts, property and investments, and can be made without notice in urgent cases. Breach of a freezing order can have serious consequences, including criminal penalties. While powerful and effective, freezing orders require careful legal consideration and are usually pursued with specialist family law support.
