What orders can prevent disposal of assets on divorce? — Guide for England and Wales

Overview: stopping dissipation of assets in divorce

When parties separate, one may fear the other will hide or dissipate assets. The family court has several powers to preserve wealth pending financial remedy proceedings. These orders aim to protect the matrimonial pot and give both parties a fair chance to reach agreement.

Freezing orders (worldwide injunctions)

The court can grant a freezing order to prevent a party from disposing of assets up to a stated value. Often called a Mareva injunction in civil practice, the family court can issue similar orders in financial remedy cases. A freezing order may be worldwide and cover bank accounts property and company shares. The applicant must show a real risk of dissipation and provide full and frank disclosure to the court. The order usually requires a cross undertaking in damages from the applicant.

Search orders and disclosure orders

If there is concern that documents or electronic data are being hidden, the court can grant search orders. These allow a court‑appointed individual to search premises and seize relevant material. The court can also order specific disclosure of bank statements company records or other financial documents. Failure to comply can result in contempt proceedings.

Orders to preserve property and shares

The court can make orders that restrict selling or transferring land and business assets. These include prohibitions on registration of transfers at the Land Registry or restrictions within company registers. Where shares are at issue the court can direct that they remain in the same ownership or place a lien on them until the case concludes.

Interim financial orders and security

The court may grant interim financial relief to provide security to the applicant. This can include interim maintenance payments lump sum payments on account or transfer of specific assets into trust or joint control. The court can also order pension sharing or set aside funds in a blocked account pending final orders.

Charging orders and third party remedies

If assets sit with third parties the court can use remedies such as charging orders over property or freezing orders against third party accounts. The court can also request disclosure from banks and other institutions to trace concealed funds.

Urgent ex parte orders and procedural safeguards

In urgent cases an applicant can apply without notifying the other side. The court will consider the urgency and risk of dissipation but expects immediate full and frank disclosure. The respondent will normally get a prompt return date to contest the order. Applicants must understand the risk of having an order set aside if they withheld material facts.

Practical tips for parties and advisers

Parties should preserve records and avoid moving large sums without legal advice. Advisers should prepare clear evidence of risk and detailed financial schedules. Where possible agree short term safeguards by consent to avoid contested hearings and high costs.

Conclusion: effective protection with clear evidence

The family court offers robust tools to stop disposal of assets in divorce. Successful applications rely on strong evidence timely disclosure and compliance with procedural rules.

Summary

– A freezing order can prevent disposal of assets worldwide

– Search orders and disclosure orders help locate hidden funds

– The court can restrict transfer of property and company shares

– Interim financial orders provide security on a temporary basis

– Urgent ex parte relief needs full disclosure and swift follow up

Alexander JLO Solicitors are well aware that going through divorce can be very difficult. Whilst the implementation of no-fault divorce back in 2022 has made the legal process much simpler, there are times, especially in relation to financial matters, when input from an experienced solicitor is vital.

With that in mind we have developed a revolutionary new service which will ascertain whether or not it’s wise to have legal advice on finances when going through divorce. Simply called Form Easy it will assess your level and type of assets and determine if you qualify for a free, no-obligation consultation to discuss your case with us and decide on the best ways forward for you. Simply click the Form Easy button, or visit the page here, answer a few short questions and we will let you have our input on whether we can help. 

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 Peter Johnson on 1st December 2025 and is correct at the time of going to press. With over forty years 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.

To follow up on any of the above please contact Guy Wilton of our family department. Guy has wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024. He is a highly experienced family lawyer with a particular interest in financial remedy proceedings and child contact disputes.

Guy’s profile on the independent Review Solicitor website can be viewed here.