What family lawyers need to know about criminal law: Restraint and confiscation

Although outside the jurisdiction of the family court, restraint and confiscation orders make reasonably frequent appearances in these proceedings. This is perhaps unsurprising, as most of us would likely give some thought to the future if it came to light that our spouse was involved in significant financial or organised crime, which could result in confiscation of family assets. As such, it is not unusual for suspects faced with a criminal investigation or prosecution to also find themselves contemplating divorce. Given the possibility of these regimes butting heads as they compete for the family assets, it is helpful for family lawyers to have a grasp of restraint and confiscation orders, and their interaction with financial proceedings.


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