Yes. If your ex-spouse is actively threatening to drain bank accounts, sell the matrimonial home, or move money overseas, you can request an urgent preservation order under Section 12 of the Family Law Act or a Mareva Injunction to legally freeze their assets until the divorce is finalized.
Trust completely evaporates when a spouse threatens to empty joint bank accounts or sell lucrative investments without your permission. 😨 The fear of being left financially destitute while waiting months or years for a final family court trial is a terrifying reality for many separated individuals in Ontario. If your former partner is acting recklessly, you do not have to sit back and watch your family’s net worth disappear.
Fortunately, the law provides powerful emergency mechanisms to lock down wealth. Whether you are dealing with a local bank branch in London, Ontario, or complex corporate holding companies in Toronto, the Superior Court of Justice has the strict authority to freeze assets. By taking immediate legal action, you can safely preserve the financial “pie” before it is divided.
Step-by-Step Process: Freezing Assets in Ontario
Securing a preservation order is an extraordinary legal remedy. 📋 Judges do not freeze someone’s bank accounts lightly; you must provide compelling evidence that there is a genuine risk of the assets being dissipated or hidden.
Step 1: Gathering Evidence of Dissipation
You cannot freeze an account based purely on paranoia. Your lawyer will need hard proof that your ex-spouse is liquidating wealth. This could include threatening text messages (“You’ll get nothing from me”), sudden large wire transfers to foreign countries, or evidence that they are contacting real estate agents to quietly list a family rental property.
Step 2: Choosing the Appropriate Legal Tool
In Ontario, there are two primary routes. 🗂 The most common is a motion for a preservation order under Section 12 of the Family Law Act, which is designed to protect your right to an equalization payment. If the situation involves extreme fraud or international asset hiding, your lawyer may seek a “Mareva Injunction,” which is a highly aggressive, civil remedy that completely freezes all of the individual’s global assets.
Step 3: Bringing an Urgent “Ex Parte” Motion
If notifying your spouse about the court date would cause them to instantly wire the money away, your lawyer will bring an “ex parte” motion. This means you present your evidence to the judge in secret, without the other side present. If granted, the bank accounts are frozen immediately, and your spouse is formally served with the lockdown order after the fact.
Step 4: Registering a Certificate of Pending Litigation (CPL)
If the asset at risk is real estate, your lawyer can obtain an order to register a Certificate of Pending Litigation (CPL) on the property’s title. 🏠 Once a CPL is registered at the Ontario Land Registry, your spouse is legally blocked from selling, transferring, or refinancing the home.
How Much Does an Urgent Motion Cost in Ontario?
Because these legal actions require emergency, round-the-clock preparation from your legal team, they can be quite expensive. 💵 Here are the typical costs in Canadian dollars (CAD).
| Legal Action | Estimated Cost in CAD | Details |
|---|---|---|
| Emergency Ex Parte Motion | $3,000 to $8,000+ | The high cost reflects the urgent drafting of sworn Affidavits and immediate court appearances. |
| Court Filing Fees | $160 | The standard government fee to file a Notice of Motion at the Superior Court of Justice. |
| CPL Registration | $100 to $250 | The cost to formally register the restriction on the real estate title. |
- Ongoing Legal Fees: An ex parte order is only temporary. You will have to return to court within 14 days so your spouse can argue their side, generating further hourly legal bills.
- Undertaking as to Damages: If you wrongfully freeze a spouse’s business account and cause their company to collapse, you may be held financially liable for their commercial losses.
How Long Does the Process Take?
When family wealth is actively disappearing, time is of the essence. ⏱ A skilled Ontario family lawyer can draft the necessary Affidavits and secure an emergency ex parte hearing with a judge within 24 to 48 hours. Once the judge signs the order, it can be served on the major Canadian banks (like RBC, TD, or Scotiabank) on the exact same day.
Frequently Asked Questions (FAQ)
Can my spouse still pay their everyday bills if their account is frozen?
Generally, yes. Most preservation orders and Mareva injunctions include specific legal carve-outs. These allow the restrained spouse to access a set amount of money each month to cover ordinary living expenses, groceries, and their own legal fees.
Can I lock them out of our joint bank account myself?
While you can legally withdraw up to 50% of the funds in a joint account to preserve your share, taking 100% of the money to “starve” your spouse is severely punished by family courts. Always consult your lawyer before transferring large joint sums.
What if the money is already gone to an overseas account?
Recovering international funds is exceptionally difficult and expensive. However, an Ontario judge can still penalize the spouse locally by giving you a larger share of the remaining Canadian assets (such as the entire matrimonial home) to offset the stolen overseas funds.
Can I freeze my spouse’s corporate business accounts?
It is possible, but courts are extremely hesitant to freeze active corporate accounts, as it could prevent innocent employees from being paid and bankrupt the company. The court prefers to freeze personal holding accounts or real estate assets instead.
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