What are 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, the order can be drafted to... Read more
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.
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An occupation order is one of the court’s key powers in cases involving domestic violence. It 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. If a person breaches an occupation order, it is contempt... Read more
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. This will allow you to fight your case on a level playing field and... Read more
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. If your spouse does not do this voluntarily, or if you have new expenses which you cannot cover, then it may be necessary to apply for... Read more
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... Read more
If your partner has transferred assets in order to deprive you of your 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. The court will use this power if you can... Read more
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. If your spouse holds a large amount of wealth through trusts or corporate structures,... Read more
A Hadkinson order is an 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. The breach of an order is contempt of... Read more
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.