header-logo header-logo

17 April 2026 / Lucy James
Issue: 8157 / Categories: Features , Family , Commercial , Freezing orders , Divorce , Disclosure
printer mail-detail

Freezing orders & divorce: An unexpected twist?

247153
© Getty images
Lucy James explains how freezing orders can throw a spanner in the works in divorce proceedings
  • In a divorce, a freezing order can preserve the matrimonial estate for allocation and distribution—usually through an application under s 37 of the Matrimonial Causes Act 1973.
  • Practitioners should be beware of ‘sham’ transactions, which can drag third parties into divorce proceedings, often due to informal loan arrangements.

Would business partners ever expect to find themselves in a situation where they cannot deal with their assets because they have been frozen by the divorce courts in the course of a matrimonial dispute involving one of their partners? Unfortunately, this is not an entirely hypothetical situation but can be a reality, particularly when ultra-high-net-worth (UHNW) individuals are involved in the process of a divorce with their spouse, and are looking to include business assets in the matrimonial estate.

Indeed, freezing orders—a remedy often viewed as the ‘nuclear weapon’ in civil proceedings—are not limited to high-value commercial or fraud claims; they can be deployed in other High Court proceedings

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll