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Other applications you might make during divorce proceedings

There are a number of other applications to the court that you might have to make during divorce proceedings.

Non-molestation orders

A non-molestation order (or “non-mol”) is one of the court’s key powers in cases involving domestic violence. The order prevents a person from harassing or threatening you. Depending on the drafting and the severity of your case, it can be used to prevent your spouse from contacting you or going near you.

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Occupation orders

An occupation order is one of the court’s key powers in cases involving domestic violence. The order controls who lives in a home, and can be used to exclude those who use or threaten violence, as well as perpetrators of sexual or psychological abuse.

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Legal Services Order

If you are unable to pay your legal fees (either from your own assets or from borrowing) then you can apply for a Legal Services Order. Under this order, your spouse will be required to make a monthly payment to satisfy your legal fees.

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Maintenance Pending Suit

When divorcing, your spouse is under a duty to maintain the financial status quo. If they have supported you financially, this means that such support should continue.

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Freezing injunctions

Freezing injunctions are a special type of court order which restricts a party’s ability to deal with or dispose of their assets. If you have good reasons to suspect that your spouse is planning to move assets out of the country or to transfer them to friends, relatives or a trust then you can apply to the court to have those assets frozen.

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Set-aside application

If your partner has transferred assets in order to deprive you of you fair share, then it may be possible to set-aside that transaction. Under s37 of the Matrimonial Causes Act, the court has the power to “set-aside”, or undo, transfers of assets.

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Third party disclosure orders

A third party disclosure order is an order of the court which requires a non-party to provide documents and/or information about a certain subject. Generally in family proceedings, it will be used to obtain financial information.

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Hadkinson orders

A Hadkinson order is a unusual order, but can be vital in the right circumstances. Where a party is in breach of court orders, for example to pay money or to provide disclosure, a Hadkinson order can stop them from bringing other applications and from being heard in proceedings.

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The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.