Marital disputes can be a trying time for any couple. As emotions run high and tensions escalate, one significant concern that often arises is the possibility of one spouse depleting the equity in the matrimonial home or disposing of it altogether. This concern is particularly alarming when the home is solely owned by one spouse, who may attempt to hide or dissipate the assets. In this blog post, we delve into the details of how a preservation order can help prevent these actions and safeguard your home's equity.

Section 12 of the Family Law Act empowers the court to issue Preservation Orders, which serve to restrict the depletion of a spouse's property and ensure its safekeeping. The purpose of these orders, as confirmed in Bronfman v. Bronfman, is to guarantee sufficient assets for an equalization payment once the amount is determined. The court, however, must balance three factors when considering such an order: the relative strength of the plaintiff's case, the balance of convenience, and the potential for irreparable harm.