What are asset freezing orders?

Freezing orders, also called freezing injunctions, are court orders granted under Section 37 of the Matrimonial Causes Act 1973 (S37). This section of the Act gives courts the power to prevent a party from disposing of assets until the conclusion of the case is reached. The court has the authority under S37 to prevent a spouse from disposing of (i.e. moving, changing or getting rid of) an asset they are imminently about to dispose of, or bring back an asset that has already been disposed of by setting aside a disposition.

They are complicated orders, but essentially mean your ex-spouse cannot sell off, change, or hide individual or shared assets during divorce proceedings. They can be used to limit assets in the UK or in another country.

They are used in financial disputes for couples going through divorce or dissolution to ensure individuals are not cheated out of assets over which they have a matrimonial claim.

You may sometimes hear freezing orders called S37 applications, or ‘Mareva injunctions’.

The latter term is based on a 1980 High Court case. The injunction was granted in this case to prevent a foreign defendant from moving his assets out of the English jurisdiction.