Divorce in Saskatchewan
Divorce in Your Province
Fairway Solutions
General
If you’re facing separation and divorce, you will have a lot of questions. Fairway has guided clients through this pivotal life change since 2006, so our mediation experts have many of the answers. Below you’ll find resources and information for commonly asked questions, explanations of terms and documents you should know, and insight into what to expect during the separation and divorce process. If you still have questions or want to request a consultation with our mediators select the office closest to your home.
What do I need to do before I can file for Divorce?
A separation agreement usually accompanies a divorce application. While it is possible to apply for divorce before you have a signed separation agreement, it is not common unless there are no assets or children. The separation agreement is the agreement that captures all the decisions you and your spouse have agreed to either by consent or court order. The separation agreement will address, division of property, spousal support, child support and parenting.
How Do I get a Separation Agreement in Saskatchewan?
The separation agreement is a culmination of all the negotiations you have made with your spouse. There are a few ways you can get to a consensus on the terms in your separation agreement.
- You and your spouse can use the traditional approach of hiring lawyers to fight and litigate on your behalf.
- You can do it yourself if you and your spouse are in agreement on everything.
- Or you can choose to use an Alternative Dispute Resolution (ADR) service. Mediation is more commonly used now, given that the 2021 changes to the Divorce Act requires alternative dispute resolution, which may include mediation, unless it is inappropriate (ex. Situations of family violence). The divorce laws in Canada are well defined, and families find the outcome of fighting with lawyers does not justify the time or the cost. With the new Divorce Act, mediation is the first choice, even for divorces that are financially complicated and conflicted. Contact the Fairway closest to you to find out how to get started.
How do I file for Divorce in Saskatchewan?
You will need to obtain your marriage certificate. If you do not have an original copy of your marriage certificate, you can obtain a copy by contacting the Vital Statistics Agency.
The divorce process will take approximately 3 months before the court enters a divorce judgment. This allows time for the court to obtain a divorce clearance certificate from Ottawa, time for any waiting periods and time for the court to complete the processing of the divorce.
To file for divorce, you can either do it yourself or you can solicit a service to file for divorce for you.
- DIY divorce filing is done by obtaining the documents from the courthouse, filling out the documents together and filing the documents with the courthouse. It sounds simple. However, for couples with properties, support and children the forms are cumbersome.
- Obtaining assistance to file for divorce requires an additional fee, however you will leave the cumbersome paperwork and court running up to the professionals.
What is the cost to file for Divorce in Saskatchewan?
The court filing fees for a divorce in Saskatchewan is approximately $200. The divorce documents will be filed with the clerk of the Family Division of the Court of Queen's Bench.
Saskatchewan Court Locations
- Battleford Court of Queen's Bench: 291 23rd Street West, Battleford, SK S0M 0E0 Phone: 306.446.7675
- Estevan Court of Queen's Bench: 1016 4th Street, Estevan, SK S4A 0W5 Phone: 306.637.4529
- Melfort Court of Queen's Bench: Box 6500, 409 Main Street, Melfort, SK S0E 1A0 Phone: 306.752.6265
- Moose Jaw Court of Queen's Bench: 64 Ominica Street West, Moose Jaw, SK S6H 1W9 Phone: 306.694.3602
- Prince Albert Court of Queen's Bench: 1800 Central Avenue, Prince Albert, SK S6V 4W7 Phone: 306.953.3200
Introduction to Family Law in Saskatchewan
Custody, Parenting & Child Support
Child Support in Saskatchewan
Under the Family Law Act there is a responsibility as a parent to support their children. Child support is the legal right of the child.
Child support calculations are partially based on your parenting arrangements. The parent who the child/children lives with the majority of the time is entitled to receive an amount of child support from the other parent. Each party may also be required to contribute to the child/children’s extraordinary expenses.
What are the child support guidelines in Saskatchewan?
Child support in Saskatchewan is based on theFederal Child Support Guidelines. These guidelines follow set rules that the courts use to set child support amounts.
The amounts in the guidelines are based on how much the payer earns, how many children the payer is paying to support. Each province in Canada has its own payment calculation.This is the table for support in Saskatchewan.
How do you calculate child support in Saskatchewan?
Use the Child Support Online Lookup to calculate the amount of child support to be paid monthly. For a quick calculation try the child support calculator.
What is the age of Majority in Saskatchewan?
The age of majority in Saskatchewan is 18 years of age.
Spousal Support
Spousal Support in Saskatchewan
Spousal Support in Saskatchewan is either agreed upon by the parties or determined by the judge in a contested hearing.
How do I figure out the amount of support to be paid?
There is no set calculation for spousal support like there is for child support. However, the Child Support Advisory Guidelines can assist spouses to figure out the amount of spousal support that should be paid.
MySupportCalculator.ca is also a website with a support calculator and can provide an estimated dollar amount that can be adjusted based on the parties circumstances. Spousal Support calculations can be complicated and the assistance of an objective third party, such as a mediator, can be useful in helping you to determining an appropriate amount. The following factors may be considered parties are working to come to an agreement on spousal support:
- Length of marriage
- Standard of living prior to divorce
- Ability for both parties to get employment
- Retraining in the workforce
- Disabilities and other factors
- Child support obligations
- Role each party took in the relationship
Can I enforce the spousal support agreement in Saskatchewan?
Once an agreement is received for spousal support, parties can enroll with the Maintenance Enforcement Office (MEO).
The Office, which serves the entire province, is located in Regina.
The Office will:
- Register support orders and agreements
- Record and monitors payments
- Take enforcement action when the required payments are missed or late.
Saskatchewan claimants (persons receiving support) and respondents (persons required to pay support) can both register their support order or agreement with the Office.
Property/Financial
Property Division in Saskatchewan
- Married couples
- Couples who have lived together in a common-law relationship for at least two years or have children together
How is family property and family debt divided in Saskatchewan?
In a divorce, the personal property (vehicles, retirement accounts, furniture, businesses, etc.) owned by the parties is divided. Most provinces try to achieve an equal split of the property. If there is also debt of the marriage, in the same way, the debts will also be split equally.
Divorce Mediation and Resolution
Divorce mediation is a speedier and less costly way to dissolve a marriage than going through the courts and is mandated by the Divorce Act. With the help of a neutral third party such as Fairway, you and your partner will sit down together or perhaps apart to figure out an agreement encompassing all aspects of your divorce, from property division and spousal support to child decision making responsibilities. There are two types of divorce mediation, open and closed. Open mediation may be disclosed, while closed mediation is strictly confidential. Most family mediations are closed.
Divorce resolution through mediation requires teamwork. The mediator acts as a facilitator and guide, keeping the conversation moving forward and ensuring that all topics are covered. However, he or she will not provide legal advice. Therefore, it is best for both parties to seek legal advice from an independent lawyer before signing any final binding agreement.
Successful divorce mediation results in a non-binding, written agreement, that will be drafted into a binding separation agreement and then filed with the court. Upon court approval, it becomes legally binding. Enforcement may be sought in exactly the same way as a court order.
Divorce mediation can be challenging, as cooperation is essential. Through our proprietary process, though, which involves multiple professionals, we have helped many very contentious couples and financially complex families negotiate a fair and equitable settlement. Whenever possible, divorce resolution through mediation should be attempted, as it is much faster and less expensive than a court battle.
Laws
Federal
Federal Divorce Act
Deals with divorce, as well as claims for child and spousal support, and custody and access, in divorce cases. Federal Divorce Act
Provincial
Division of family property
Custody, access and paternity applications