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After completing the mandatory introductory portion of your affidavit, you'll include the content. The clauses in this section are all optional. The ones you choose will depend on your specific situation. But you should always include some General Information clauses.

Property division orders are generally made at trial. Evidence at trial is usually given through oral testimony, not affidavits. Affidavits are mainly used in chambers applications for interim orders (temporary orders).

But there are some situations where an affidavit may be used in relation to property. Sometimes before final orders are made, interim orders about property are needed.

This section relates to interim property orders and includes the following topics:

• Distribution of property
• Exclusive occupation of the family home
• Temporary orders to protect property
• Conduct orders respecting property:
  • to require a party to pay specified expenses related to a residence, and/or
  • to prevent a party from terminating specified utilities for a residence

The general guidelines for this section are as follows:

1. Decide which clauses apply to your situation. Click Don't include for those that don't apply. For the clauses you include, fill in or select supporting information to complete the clause, as prompted.
2. If there's other relevant information you wish to record, include the blank text box found at the end of each topic. Insert your own statement here. Include specific and factual details, including the date (where possible).
3. If you have documentation to support one of your statements, include it as an exhibit. Select the clause found at the end of each section that says, "Attached as Exhibit…". Insert the exhibit letter and specify what the document is. Exhibits must be labelled in chronological order (A, B, C, etc.) in the affidavit. The commissioner who swears your affidavit must also review, label, and sign each exhibit.

Click Show instructions at the beginning of each topic for more information and specific directions.

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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 fund dispute resolution or a court proceeding in order to reach a fair final division of family property.

These orders aren't standard. You’ll need to explain to the court why you need an interim distribution of property. As well, you'll need to show the court that this won't disadvantage the other party.

1. Include clauses 1 – 3 if you're seeking an interim distribution of property. For clause 2, explain why you can't afford to pay dispute resolution or court costs without having some of the family property distributed to you. For clause 3, specify the property available for distribution, how much you're requesting, and from what account or source.
2. For clause 4, explain why an interim distribution won’t negatively impact the other party.
3. Include clause 5 if there's other relevant information you wish to record. Insert your own statement in the text box.
4. Include clause 6 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit number (A, B, C, etc.) in chronological order.

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Judges can make temporary orders for exclusive occupation of a family home to the exclusion of the other spouse (see section 90 of the Family Law Act). This means the judge can order that one person stays in the family home and the other must not. This can be for a specified period of time or until the parties' property division issues are resolved.

1. Include clauses 7 and 8 if you're applying for exclusive occupation of the family home. Provide the full address of the residence in clause 7, and explain why you're applying for exclusive occupancy in clause 8.
2. Include clause 9 if there's other relevant information you wish to include. Insert your own statement in the text box.
3. Include clause 10 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit number (A, B, C, etc.) in chronological order.

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Judges can make orders to prevent one party getting rid of, transferring, or dealing with property before property division has been determined (see section 91 of the Family Law Act).

1. Include clauses 11 and 12 if you're seeking an order to stop the other party from disposing of or dealing with property at issue. In clause 12, explain why you have concerns about this happening.
2. Include clause 13 if there's other relevant information you wish to record. Insert your own statement in the text box.
3. Include clause 14 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit number (A, B, C, etc.) in chronological order.

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Judges can order interim arrangements about the family residence and related expenses while the parties sort out their final arrangements (see section 226 of the Family Law Act). For example, a judge may order one party to pay the mortgage or utilities, or that a party mustn't cut off utilities for a home.

1. Include clause 15 – 17 if you're seeking an order to require the other party to make specific payments related to the family residence. For clause 16, list the specific bills or expenses you're asking the other party to pay. For clause 17, explain why this order is needed, including information about relevant incidents.
2. Include clauses 18 and 19 if you're seeking an order to prevent the other party from cutting off utilities for the family residence. For clause 18, specify the utilities in the text box. For clause 19, explain why this order is needed, including information about relevant incidents.
3. Include clause 20 if there's other relevant information you wish to record. Insert your own statement in the text box.
4. Include clause 21 if you have supporting documentation you wish to attach, such as account statements for the above utilities and other bills. Include it as an exhibit and insert the exhibit number (A, B, C, etc.) in chronological order.

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If the other party is applying for any of the above orders, you may want to provide an affidavit explaining why you disagree with the request, or to tell your side of the story.

If you're responding to a specific claim, use the above sections as guidance. Go through the other party's affidavit and respond to the points they make, referring to specific paragraphs. For example, you can say "I disagree with statements in paragraph 4 of the claimant's affidavit. My recollection of the event is as follows…".

1. Include clause 22 if you're responding to an application by the other party for interim property orders. Specify the order they're requesting in the text box.
2. Include clause 23 to record a specific incident that reflects your side of the story. Include the date and specific, factual details.
3. Include clause 24 if there's other relevant information you wish to record. Insert your own statement in the text box.
4. Include clause 25 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit number (A, B, C, etc.) in chronological order.

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You may want to include additional statements or exhibits if there's more information you wish to share with the court regarding child support. You may include more than one of each clause, as needed:

1. Include clauses 26 – 29 if there's other relevant information you wish to record. Insert your own statement in the text box.
2. Include clauses 30 – 33 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit number (A, B, C, etc.) in chronological order.