Asset tracing &
freezing
If there is suspicion that a spouse is moving, concealing, or transferring assets abroad, Swiss law provides several remedies: the right to information from the spouse, precautionary measures in matrimonial protection or divorce proceedings, and, under more restrictive conditions, the seizure of assets to secure them. In cases with an international dimension, we also coordinate the search for and preservation of assets abroad through our network of partners in more than 80 countries. Speed is crucial: assets can often be moved within a matter of days. We assess the urgency during the initial consultation and take the necessary steps immediately.
Contact: contact@alkatout-legal.ch | +41 22 512 04 05
Assets can often be moved, transferred to third parties, or transferred abroad within a short period of time. Legal protective measures, such as asset freezing or precautionary measures, are subject to certain requirements and, in some cases, strict deadlines. The sooner we are brought in, the greater the chance of actually securing assets before they become inaccessible.
Right to information – Spouses are legally obligated to disclose information about their assets to one another; if necessary, we will enforce this right in court.
Precautionary measures in matrimonial or divorce proceedings – The court may order measures to secure assets during ongoing proceedings.
Seizure – Under certain conditions, a debtor’s assets can be secured through a seizure, particularly if a transfer of assets or a lack of connection to Switzerland would jeopardize subsequent enforcement.
We assess on a case-by-case basis which instrument is appropriate for the specific situation and highlight the respective requirements and risks.
GLOBAL ASSET SEARCH
When it comes to international assets—such as bank accounts, real estate, or equity interests in multiple countries—a cross-border coordinated search and seizure effort is also required. To this end, we work closely with our international network of partners and, where necessary, with specialists in asset tracing to determine which instruments can be used to secure assets in the respective foreign country—for example, through the Lugano Convention or bilateral procedures, depending on the country involved.
HOW WE WORK
We specialize in the rapid recovery of at-risk assets. During the initial consultation, we assess the urgency of the situation and determine what information and documents are already available. Based on this, we coordinate legal steps in Switzerland with an international asset search, consult with specialized experts as needed, and coordinate the process with the family office or tax advisor, if applicable.
We first clarify the right to information vis-à-vis the spouse and examine whether precautionary measures or an attachment order are appropriate to secure assets.
A seizure provisionally secures a debtor’s assets before any subsequent enforcement is jeopardized. It requires certain legal prerequisites, which we review on a case-by-case basis.
Yes, spouses are generally required to disclose information about their assets to one another. If this disclosure is refused, the claim can be enforced in court.
As soon as possible. Assets can often be transferred within a matter of days, and some hedging instruments are subject to tight deadlines.
That depends on the specific country and the procedures in place there. We will clarify this through our international partner network and coordinate the necessary steps.
Yes, when legal advice alone is not sufficient, we consult with specialists from our network as needed to verify assets.
Yes. Judicial protective measures do not require ongoing or imminent legal proceedings.