Protecting Assets Pending Resolution of Financial Issues

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The breakdown of a relationship is very frequently accompanied by a failure of trust and fear that one party might claim an “unfair” share of assets. This sometimes motivates individuals to attempt to hide assets for example, by gifting them or otherwise concealing their existence.

The temptation to dispose of assets should be resisted! The Courts have extensive powers to freeze assets to prevent disposals – or to set aside such transactions where they have already taken place. If an un-explained disposal has taken place the courts are entitled to start from the assumption that the party getting rid of the asset in question had a guilty intention of doing so, reversing the normal burden of proof within court proceedings.

The Court takes an extremely dim view of litigants seeking to put assets beyond the reach of the Court. The Court has the power to grant emergency injunctions either preventing such disposals or setting aside transactions that have already occurred. Applications for injunctions of this kind should not be issued lightly because a failed application can generate significant liabilities for costs or losses incurred by, for example, third parties who have been prejudiced by any freezing order.

Speed is often vital in cases of this kind and Lawson Lewis Blakers has the resources and expertise to seek or resist emergency applications of this kind.

 

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Jeremy Sogno
Director

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