Supreme Court

How to draft a Supreme Court order

Section 4: Property — Interim orders (Optional)

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Use this section if interim orders have been made about property. It includes sample temporary orders on the following topics:

  • Distribution of property
  • Staying in the family home
  • Protecting property
  • Expenses related to the family home

You might be concerned about what will happen to your property while you're trying to come to a final resolution about how it will be divided after you separate. You can ask the court to make interim orders about property before all the issues are resolved. These orders will give direction on what should happen with property while you're resolving your other issues.

Important: This section only deals with temporary orders about property. If the judge has made final orders about property division in your family law case, use the section Property — Final orders instead.

The general instructions for this section are as follows:

  1. Click Show instructions at the beginning of each topic for more information and specific directions.
  2. Choose the clauses that reflect the orders made by the judge. Insert the requested details in the text boxes. Click Don't include for orders that don't apply.
  3. When you're done, click Open text version. Make any changes to the orders necessary to reflect what the judge said or wrote. Copy and paste this text into your correct court form.

Tip: Remember that all the clauses below are automatically included in your text version unless you click Don't include. If you change your mind, you can always include them again by clicking Include.


 

Interim distribution of property

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Judges can make orders for interim distribution of property before the issues are resolved (see Section 89 of the Family Law Act). This can make assets available to spouses who need them to pay legal fees in order to reach a fair final division of family property.

You'll need to fill in the details as ordered by the court.

  1. Include clause 1 if the court orders an interim distribution of property. Set out what property the court ordered be distributed to you and how; for example, if it's money from a bank account, state the amount of money and the account it will come from.
  2. Include clause 2 to record any other orders about interim distribution of property. Write what the judge said in the text box.

Pursuant to s. 89 of the Family Law Act that there be an interim distribution of family property to fund family dispute resolution or a court proceeding under the Act as follows:

Include
Don't include
Include
Don't include

Staying in the family home

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Judges can make temporary orders that one party gets to stay in the family home and the other party must move out. These are called orders for exclusive occupation of the family home (see Section 90 of the Family Law Act). This can be for a specified period of time or until the parties' property division issues are resolved.

These temporary orders don't grant the party any greater interest in the family home. They don't allow the party to make any changes or decisions about the residence without the other party's consent.

  1. Include clause 3 if the court orders that one party will have exclusive occupation of the family home. Fill in the home's address, including the legal address if you own the home. Fill in what the judge said about the time period the exclusive occupation order covers.
  2. Include clause 4 to record any other orders about interim distribution of property. Write what the judge said in the text box.

The (choose claimant/respondent) has exclusive occupation of the family residence located at pursuant to s. 90 of the Family Law Act until .

claimant
respondent
Include
Don't include
Include
Don't include

Protecting property

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Judges can make orders to prevent one party selling, transferring, or otherwise dealing with property before property division has been determined. See Section 91 of the Family Law Act.

  1. Include clause 5 if the court makes an interim order to protect property.
  2. Include clause 6 to record any other temporary orders to protect property. Write what the judge said in the text box.

Pursuant to s. 91 of the Family Law Act, Rule 12-4 of the Supreme Court Family Rules and section 39 of the Law and Equity Act, the (choose claimant/respondent) be restrained from disposing of, transferring, encumbering, assigning or otherwise dealing with any property at issue or in which the other party has or may have an interest pending final determination of this action, without consent of the (choose claimant/respondent) or without order of this Court.

claimant
respondent
Include
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Include
Don't include

Expenses related to the family home

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Judges can order temporary arrangements about the family residence and related expenses while the parties sort out how they're going to divide their property and debts. For example, a judge may order one party to pay the mortgage or utilities, or that a party may not cut off utilities for a home. See Section 226 of the Family Law Act.

  1. Include clause 7 if the court orders that one party make specified payments related to the family residence. Fill in the address of the home, including the legal address if you own the home. Specify the payments the court ordered, such as rent, mortgage, certain utilities, taxes, or insurance.
  2. Include clause 8 if the court orders that one party must not stop specified payments or services related to the family residence. Fill in the address of the home, including the legal address if you own the home. Specify the payments or services that the party was ordered not to disrupt, such as rent, mortgage, certain utilities, taxes, or insurance.
  3. Include clause 9 to record any other orders about expenses related to the family home. Write what the judge said in the text box.

Pursuant to s. 226 of the Family Law Act, the (choose claimant/respondent) will make the following payments related to the home at :

claimant
respondent
Include
Don't include

Pursuant to s. 226 of the Family Law Act, the (choose claimant/respondent) is prohibited from terminating the following payments and/or services relating to the home at :

claimant
respondent
Include
Don't include
Include
Don't include