10.0 Property Issues


But what if my spouse hides our assets before trial?”

A common question and very often legitimate fear of the non-asset holding spouse; a question of deep concern to your client and one that should cause you to thoroughly explore with your client their concern to order to assess its validity and to determine how to best deal with it.

Section 12: Orders for Preservation

Section 12 of the Family Law Act (the Act) allows a party to obtain a preservation order, and an order restraining the depletion of a spouse’s property in an application for an equalization of net family property brought under Section 7 of the Act. The section states 

          “in an application under Section 7 or 10, if the court considers it necessary for the protection of the other spouse’s interest under part, the court may make an interim or final order,

(a)   restraining the depletion of a spouse’s property; and


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