Freezing Family Assets – The Basics of the BC Family Law Act

Freezing family assets is something that happens very regularly in the family law sphere. But it is not always a good idea. I try not to ask for orders freezing family assets as much as I can. That’s because if someone has a business and you freeze its account or operations, you are literally crippling a money making machine and that person’s ability to support you or the family.

Another reason for not to jumping into freezing family assets is that once you freeze them, you create a very stressful and tense environment for your spouse which makes them scared, and less likely to try and settle things. It means you mean war. And if they think you do, then you will be in a fight rather a cooperative environment. However, sometimes you have no choice but to ask for an order freezing family assets. Let’s look at situations that require it: 

The Right Situations for Freezing Family Assets

Freezing family assets is the right thing to do in the following situations;

1. Your spouse has taken a large line of credit or mortgage against the family home without your knowledge or consent;
2. Your spouse has taken a lot of money out of the business and you don’t know where it has gone;
3. Your spouse has cashed out investments or RRSPs and sent them overseas;
4. Your spouse has transferred his/her interest in businesses or properties to other people without your consent or knowledge;
5. Your spouse has taken your jewelry or sold the car.

So how do you get a freezing order in family law?

Orders for Freezing Family Assets Under the Family Law Act

You can apply for an Order under s.91 of the BC Family Law Act to freeze family assets. To do so, follow these steps:

1. If you do not have a claim started in the BC Supreme Court, you first need to file a Notice of Family Claim;
2. Then you need to swear and file an affidavit, and explain why you think your spouse is dissipating with family assets:
3. You also need need to fill out a Notice of Application and ask the judge to freeze the family assets;
4. If the judge gives you an order for freezing family assets, you need to draft it and have it signed and entered.
5. Once you get the order, you need to serve the order on your spouse or any/all banks, land title office, etc to make them aware of the freezing order.

A freezing order for family assets will preserve them until you have your case heard in front of the judge. Or when you settle it. Until then, it makes sure no-one takes away or runs away with family assets.

Obtaining an order for freezing family assets is a very complicated process. If you do not protect the family assets, you may lose fortunes. At the same time, knowing how to do it is a difficult process if you are not a lawyer.

To learn more about freezing family assets or to consult with our award-winning lawyers about your case, call us at 604-974-9529 or get in touch. Our family lawyers have done many complex property division cases and know of the best strategies for resolving your case.