We identify our clients’ needs and tailor our work to each set of circumstances, providing high quality, cost effective advice. We are a multi-disciplinary practice and work collaboratively to provide a comprehensive service across all of our practice areas.
Injunctions
Personal protection
We are well placed to obtain emergency remedies to protect our clients.
We can obtain the following protective orders:
- An occupation order – an order under the Family Law Act 1996 to regulate who should live in a property, or even how occupancy of one property should be divided.
- A non-molestation order – an order forbidding another party from molesting, harassing, pestering his or her spouse or former partner (and other related people).
These orders can be obtained on an emergency basis (without notice) and on a less urgent basis (on notice).
Finances
It is sometimes necessary to take steps to protect your financial position by preventing your husband or wife from disposing of the matrimonial assets, or to recover assets which have been moved.
We can make such applications under Section 37 of the Matrimonial Causes Act 1973 where they are needed.
These financial orders (known as avoidance of disposition orders) can be obtained in two ways – first on an emergency basis (without notice) and second on a less urgent basis (on notice).
If you think your spouse is dealing inappropriately with matrimonial assets you should act straight away. The courts take into account delay when deciding whether or not to make this type of order.
Children
Perhaps the most common emergency application relating to children relates to child abduction, where a child is taken outside the country (or not returned to it) by one parent without the agreement of the other or a court order.
This is a criminal offence, but of more immediate importance, there is no time to lose in instructing a lawyer because there are steps that can be taken immediately which might either prevent the abduction taking place, or increase the likelihood of rapid return. Please do be in touch with us if this situation arises.
Most of the orders made in children proceedings which are covered in the children section above can also be obtained on an emergency basis if the grounds for that exist. We have experience of such applications.
