A preservation order is a court order that stops a spouse from spending, selling or moving property while an Ontario property case is decided. The Superior Court of Justice can make one, on an interim or final basis, in an equalization or title case when it considers the order necessary to protect the other spouse's interests (Family Law Act, s. 12). You ask by motion, and in urgent cases the motion can be heard before the usual case conference, and in some situations without notice to your spouse.
How to ask for a preservation order, step by step
Preservation orders protect the equalization claim explained on our property division page. The claim itself is a money entitlement. The order makes sure there is still something to pay it from. In Toronto, family property claims are heard by the Superior Court of Justice at 361 University Avenue, described in our guide to the Superior Court family court in Toronto.
- Start, or have, a property claim. Section 12 applies "in an application under section 7 or 10", meaning an equalization claim or a claim about title between spouses. A claim for support has its own restraining power in s. 40.
- Decide exactly what to protect. A preservation order is specific: named accounts, a property, shares, the proceeds of a pending sale. The court can restrain depletion and order the possession, delivering up, safekeeping and preservation of the property (s. 12(a) and (b)).
- Prepare the motion. A motion needs a notice of motion (Form 14) and an affidavit (Form 14A) (Family Law Rules, r. 14(9)). The affidavit sets out the facts, the documents behind them, and why the order is necessary. Toronto's practice direction welcomes a draft order with the motion materials, requires one for an urgent motion brought before the next TBST date, and says draft orders should state the legislative authority for each term.
- Decide whether it is urgent. Normally no motion can be heard until a case conference on the substantive issues has taken place (r. 14(4)). That rule does not apply if the court finds urgency or hardship, or that a conference is not required for another reason in the interest of justice (r. 14(4.2)).
- Decide whether to give notice. A motion may be made without notice if notice is unnecessary or not reasonably possible, or if serving notice would probably have serious consequences (r. 14(12)(a) and (d)). A spouse who would empty an account the moment they are served is the classic example.
- File and schedule in Toronto. Since October 14, 2025, electronic filings in Toronto family cases go through the Ontario Courts Public Portal. Urgent matters are filed there and flagged as time sensitive, and urgent attendances are scheduled for the TBST Court on Monday mornings. If the matter cannot wait for that court, the party emails the Family Trial Office with the materials, and the trial coordinator asks a judge whether it is urgent.
- Return to court and serve. An order made without notice must be served on everyone affected immediately, with the motion materials, unless the court orders otherwise (r. 14(15)), and the matter must come back to court within 14 days or on a date the court chooses (r. 14(14)).
Protective orders in an Ontario family case
| Order | What it protects | When it is available | Source |
|---|---|---|---|
| Preservation or non-depletion order | Any property of a spouse that is needed to protect an equalization or title claim | In an application under s. 7 or 10; interim or final | Family Law Act, s. 12 |
| Restraining depletion for support | Property whose depletion would impair or defeat a support claim | On application under Part III; interim or final | Family Law Act, s. 40 |
| Preservation of the matrimonial home and contents | The home and its contents | On application; temporary order on motion | Family Law Act, s. 24(1)(a) and (2) |
| Consent rule for the home | Stops a sale or mortgage of a matrimonial home without consent or an order | Automatically while the property is a matrimonial home | Family Law Act, s. 21(1) |
| Certificate of pending litigation | Notice on title of a claim to an interest in land | Where an interest in land is in question | Courts of Justice Act, s. 103 |
| Interlocutory injunction or receiver | Broader orders where just or convenient | Superior Court of Justice | Courts of Justice Act, s. 101 |
What changes the answer
- Necessity. Section 12 is available "if the court considers it necessary for the protection of the other spouse's interests" under Part I. Evidence of planned sales, recent unexplained transfers, or a pattern of moving money gives the judge something to act on. A general fear without facts gives very little.
- Proportion. A sensible order freezes enough to cover the likely claim and leaves the other spouse able to pay ordinary expenses. Courts can tailor terms, and asking for everything can make the order harder to get.
- A claim to the land itself. A certificate of pending litigation fits a case where an interest in land is in question (Courts of Justice Act, s. 103(1)). The court can discharge one where the party claims money in place of the land, has no reasonable claim to the land, or can be protected by other security (s. 103(6)). A person who registers a certificate without a reasonable claim to the land is liable for the damages it causes (s. 103(4)).
- Married or not. Sections 12 and 21 apply to married spouses. Common-law partners with a claim to an interest in property, such as a trust claim, usually look to the Courts of Justice Act tools; our page on unjust enrichment claims explains those claims.
- A business. An order that would seriously impair a working business is approached with care; the Act already avoids ordering the sale of an operating business or farm when there is a reasonable alternative (s. 11(1)). Our page on a business owned by one spouse explains why.
- Breach. If a spouse fails to obey an order, the court can make any order necessary for a just result, including costs, a fine, striking out documents or a contempt order sought under rule 31 (r. 1(8)).
A worked example
For example, imagine Dana and Chris separated in September. This is a hypothetical. Chris has a brokerage account worth about $400,000 in his name and has just told Dana by text that he is "moving everything offshore before the lawyers get it." Dana has started an equalization claim in the Superior Court in Toronto, and her draft calculation suggests Chris may owe her about $230,000.
- Dana's lawyer prepares a notice of motion and affidavit attaching the text message and the last brokerage statement, plus a draft order restraining Chris from withdrawing or transferring more than an agreed monthly amount from the account until further order.
- Because serving Chris first would probably lead to the very transfer Dana fears, the motion is brought without notice under r. 14(12)(d), with an explanation of why notice is not reasonable.
- The materials are filed through the Ontario Courts Public Portal flagged as time sensitive, and the Family Trial Office is emailed, because the next TBST Monday is six days away.
- If a judge grants an order, it is served on Chris at once with the materials (r. 14(15)) and the motion returns within 14 days (r. 14(14)), when Chris can respond.
The figures are invented, and whether a judge would make the order depends on the evidence. The example shows why a specific, proportionate request with documents is the usual approach.
Common mistakes with preservation orders
- Asking without a property claim. Section 12 hangs on an application under s. 7 or 10. Start the claim, or bring the motion with it, and keep an eye on the deadline to claim equalization.
- Freezing everything. An order that leaves the other spouse unable to pay rent or the mortgage invites a quick return to court. Ask for what the claim needs.
- Thin evidence. An affidavit that only says "I am worried" is weak. Statements, messages, listings and transfer records carry the motion.
- Going without notice when notice is possible. A without-notice motion must show why notice is unnecessary, not reasonably possible, or likely to cause serious consequences (r. 14(12)). Toronto's direction requires the reasons to be set out.
- Registering on title without a land claim. A certificate of pending litigation without a reasonable claim to the land can make you liable for damages (Courts of Justice Act, s. 103(4)).
- Forgetting the return date. A without-notice order is temporary. Be ready to defend it on the return date, which is within 14 days unless the court chooses another date.
What to do this week
- Gather proof of what your spouse owns and what has moved: statements, screenshots, real estate listings, messages.
- Note the dates of each transfer or sale and how you learned of it.
- Check whether a property is or was your family residence, because the home has its own protections under s. 21, explained in our guide to whether a spouse can sell or mortgage the home without consent.
- Do not move or spend joint money yourself in response; keep your own conduct clean for the motion.
- Make sure your own financial disclosure is ready, because an urgent motion often brings an early demand for yours.
- Book a free consultation as soon as you see a risk; a preservation order is most useful before the money moves.
Frequently asked questions
How fast can a preservation order be made in Toronto?
Urgent matters are scheduled for the TBST Court on Monday mornings, and a matter that cannot wait for that court can be brought to a judge's attention through the Family Trial Office. Whether a motion is heard before the TBST Court is up to the presiding judge, and Toronto's direction says the threshold for urgency has not changed.
Will my spouse know before the order is made?
Not if the court allows the motion to proceed without notice under r. 14(12). Your spouse must then be served immediately with the order and the materials (r. 14(15)), and can respond when the matter returns within 14 days (r. 14(14)).
Can a preservation order cover a bank account in my spouse's name only?
Yes. Section 12 refers to "a spouse's property", which includes property in that spouse's sole name. Title does not prevent an order if the order is necessary to protect the equalization claim.
What about money my spouse needs to pay support or living costs?
Orders can be shaped to allow ordinary expenses and support payments. The support side has its own restraining power in s. 40, and our page on support before the case is decided explains temporary support.
Is a preservation order the same as a Mareva injunction?
No. A preservation order is a family law order under s. 12 of the Family Law Act. The Superior Court also has a general power to grant interlocutory injunctions and appoint receivers where just or convenient (Courts of Justice Act, s. 101). Which tool fits depends on the claim and the facts.
What if my spouse breaks the order?
The court can respond with costs, a fine, striking out your spouse's documents, refusing them further orders unless it decides otherwise, or contempt if sought under rule 31 (r. 1(8)). Keep records of anything that suggests a breach. Our page on what to do when a spouse is hiding or selling assets covers the wider toolkit.