Detection and Preservation of Assets in Financial Remedy Claims

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A unique title providing comprehensive guidance to the family practitioner on the legal routes available for obtaining evidence and detecting and preserving assets in this jurisdiction and abroad. The wide ambit of financial remedy claims under the Matrimonial Causes Act 1973, Part III of the Matrimonial and Family Proceedings Act 1984, schedule 1 of the Children Act 1989 and under the Civil Partnership Act 2004 are covered. Also, a range of helpful precedents – from freezing injunctions to search orders, to third party disclosure orders.

This book provides invaluable guidance, helping you to:

  • Understand the conventional routes to obtain and enforce disclosure by the court process;

  • Become familiar with the courts’ coercive powers to compel and enforce disclosure;

  • Obtain evidence from third parties, both in this jurisdiction and abroad and disclosure orders in foreign jurisdictions;

  • Legally detect and search for assets that have not been disclosed;

  • Protect real estate, by way of notices and restrictions against title or by court orders;

  • Understand the courts’ coercive powers to preserve assets in this jurisdiction and abroad;

  • Decide whether to proceed without notice for freezing orders, and when to join third parties;

  • Make claims against third parties who are asserting ownership rights.