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Family Court Grants Restraining Order or Injunction Freezing Marital Assets and Prohibiting Unilateral Transfer or Disposition During Divorce

By Janet Langjahr

In too many divorces, one spouse has, at least arguably, legitimate concerns about the other spouse’s willingness to hide or dispose of assets acquired during their marriage. Such assets are generally marital assets, subject to property division in the couple’s divorce.

What to do?

The spouse who does not control such assets can request that the family court enter a restraining order, or injunction, freezing such assets and prohibiting the spouse who controls them (or both spouses) from hiding, transferring or otherwise using them unilaterally, until division of property in the divorce case is resolved.

In a recent high profile case abroad, the Colombian family court has ordered that the assets of Wife, a politician, be seized, at the request of Husband.

The restraining order, or injunction, is, arguably, particularly appropriate in that case because marital assets are distributed across the globe.

But such measures are by no means restricted to high profile cases.

Read more in this Colombia Reports article: ‘Ingrid Betancourt’s properties seized’ and this Miami Herald article: Colombia freezes Betancourt assets in divorce case.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on March 09, 2011 (boomark / email).