When Are the Courts Likely to Grant a Freezing Order in Family Proceedings?

In family law, financial disputes can often become contentious, especially during divorce or separation. One tool that can help protect one party’s financial interests during ongoing legal proceedings is a Freezing Order, often referred to as a Mareva injunction. This order prevents a party from disposing of or dealing with their assets without the court’s permission. Understanding when courts are likely to grant a Freezing Order in family proceedings is crucial for individuals navigating complex financial disputes. This blog will explore the nature of Freezing Orders, the legal framework governing their issuance, and the key factors that influence the court’s decision-making process.

What is a Freezing Order?

A Freezing Order is a court injunction that targets the assets of a party involved in legal proceedings. Its primary purpose is to prevent that party from dissipating or concealing their assets while the case is ongoing. Freezing Orders can apply to various types of assets, including bank accounts, properties, and investments, and are often sought in family law cases where one party fears that the other may attempt to hide their assets before a financial settlement can be reached.

The order ensures that the parties involved can recover the amounts owed to them once a financial settlement is determined, thereby preventing one party from taking unfair advantage during disputes.

Legal Framework Surrounding Freezing Orders

In England and Wales, Freezing Orders are governed by both the Civil Procedure Rules (CPR) and specific family law principles. The relevant provisions under the CPR are found in Part 25, which details the procedures for making applications for injunctions and other forms of relief.

1. Civil Procedure Rules (CPR) 25.1-25.20

   The CPR sets out the applicable legal requirements for applying for a Freezing Order. These rules clarify how a party can request an order to freeze assets, the necessary evidence to support the application, and the process for seeking such an injunction.

2. Family Procedure Rules (FPR)

   Family proceedings also follow specific rules outlined in the Family Procedure Rules, which govern the approach taken in family courts. These regulations complement the CPR and provide guidance for judges and legal teams operating within family law contexts.

3. Judicial Discretion

   Judges have significant discretion when determining whether to grant a Freezing Order. They must carefully weigh the evidence presented, considering the principles of justice and fairness while ensuring that the order is necessary and proportionate to the situation at hand.

When Are Courts Likely to Grant a Freezing Order?

The issuance of a Freezing Order is not automatic, and courts will take various factors into consideration. Below are key scenarios and considerations under which courts are likely to grant a Freezing Order in family proceedings:

1. Evidence of Risk

   Courts will look for clear evidence that there is a real risk that the party against whom the order is sought may dissipate, conceal, or otherwise deal with their assets. This could include evidence of prior attempts to hide assets or an unwillingness to provide full disclosures of financial information. The more compelling the evidence of risk, the more likely the court is to grant the order.

2. Seriousness of the Case

   In family law, if a party presents a strong case regarding their entitlement to a share of the marital assets, this can support the likelihood of a Freezing Order being granted. For example, if one party has been largely responsible for accumulating family wealth, the court may decide to freeze the assets in question to ensure that both parties have an equitable opportunity to negotiate a settlement.

3. Immediate Need for Protection

   If there is an urgent need to protect financial interests, courts will be more likely to consider granting a Freezing Order. For instance, if one party is facing a potential sale of assets or has announced plans to transfer funds out of reach, the court may act quickly to protect those assets. The urgency of the situation can significantly influence the court’s decision.

4. Likelihood of Success

   Courts will assess the overall merits of the underlying claim in the family proceedings to determine whether it is likely that the applicant will succeed in their financial claims following a full court hearing. If the evidence suggests a strong possibility of success in the main matter, the court may be more inclined to grant a Freezing Order.

5. Public Interest Factors

   Courts may also consider public interest factors when deciding whether to issue a Freezing Order. The integrity of the judicial process and the importance of maintaining public confidence in the legal system can play a role in the court’s decision-making. If granting the order serves the public interest by ensuring fairness and protecting individuals’ rights, the court may find it appropriate to grant the application.

6. Impact on Third Parties

   Courts will evaluate whether the granting of a Freezing Order would impact third parties who are not directly involved in the family proceedings. If the order might adversely affect legitimate interests of innocent third parties, the court may decide against it, balancing the rights of all stakeholders involved.

7. Duration and Terms of the Order

   Finally, the terms and duration of the Freezing Order will also influence the court’s decision. Courts will not grant an order that is overly broad or indefinite; instead, it must be tailored appropriately to address specific concerns raised in the case. Judges are likely to scrutinize the proposed terms to ensure that they are just and reasonable.

Implications of a Freezing Order

If a Freezing Order is granted, it can have significant implications for the parties involved:

1. Restraining Transactions

   The order will prevent the party from selling, transferring, or otherwise dealing with the assets listed in the injunction. This ensures that the assets remain available for potential financial settlements.

2. Legal Obligations

   Parties under a Freezing Order must comply with the injunction and any associated legal obligations, including full disclosure of financial information. Failing to comply can result in serious legal consequences, including contempt of court.

3. Impact on Settlement Negotiations

   The existence of a Freezing Order can influence ongoing negotiations between parties, potentially creating leverage for the applicant seeking a fair settlement. It can serve as a critical tool in prompting the parties to engage in meaningful dialogue regarding their financial disputes.

Conclusion

Understanding when courts are likely to grant a Freezing Order in family proceedings is crucial for individuals involved in financial disputes. The process is complex, relying on demonstrated evidence of risk, urgency, and the likelihood of success in the associated financial claims.

Navigating these proceedings can be challenging, and parties seeking such orders should consider consulting a legal specialist well-versed in family law to ensure they approach matters effectively. By understanding the implications of Freezing Orders and their significance in protecting financial interests, individuals can take proactive steps to safeguard their rights and achieve just outcomes during family law disputes.

At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 21st November 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here