Claire Sanders examines the principles of freezing orders in matrimonial proceedings as highlighted by ND v KP
Decisions on whether to apply for a freezing order in matrimonial proceedings generally have to be taken quickly. The decision in ND v KP (Asset freezing) [2011] EWHC 457 (Fam), [2011] All ER (D) 24 (May) provides a useful summary of the principles to be applied in relation to such applications and is a cautionary reminder of the duty of candour owed in the case of applications made without notice.
Facts
The parties were married in 2003. In July 2009 the wife commenced divorce proceedings and subsequently made an application for ancillary relief. In December 2010 she made a without notice application to the High Court for a freezing order under the court’s inherent jurisdiction. She successfully obtained an order freezing monies or funds within three bank accounts in Switzerland.
Her application was based on her assertion that the husband was in a position to deplete the assets and that there was a history of the husband acting unilaterally to remove sums of money. The order was
