Divorce In Saskatchewan

Divorce In Your Province

General

Filing 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.

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Saskatchewan Divorce Filing Fees

The court filing fees for a divorce in Saskatchewan is approximately $200. The divorce documents will be filed with the clerk of the Court of Queen's Bench.

How to file for Divorce in Saskatchewan

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. Call us to find out more about Fairway’s filing for divorce.

Saskatchewan Court Locations

  • Battleford Court of Queen's Bench: 291 - 23rd Street West, Battleford, SK S0M 0E0 (306) 446-7675
  • Estevan Court of Queen's Bench: 1016-4th Street, Estevan, SK S4A 0W5 (306) 637-4529
  • Humboldt Court of Queen's Bench: 520 Spadina Crescent East, Saskatoon, SK S7K 2H6 (306) 933-5135
  • Melfort Court of Queen's Bench: Box 6500, 409 Main Street, Melfort, SK S0E 1A0 (306) 752-6265
  • Moose Jaw Court of Queen's Bench: 64 Ominica Street West, Moose Jaw, SK S6H 1W9 (306) 694-3602
  • Prince Albert Court of Queen's Bench: 1800 Central Avenue, Prince Albert, SK S6V 4W7 (306) 953-3200

Introduction to Family Law in Saskatchewan

When Couples Separate


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.

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.

What are the child support guidelines in Saskatchewan?

Child support in Saskatchewan is based on the Federal 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 has its own table and this is the table for support in Saskatchewan. (The tables for 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.

Monthly 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 often require a third party, such as a mediator, to assist in determining an amount. Fairway mediators will consider the following when assisting parties 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

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?

WIn 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 popular way to dissolve a marriage without going through the court system, as it is far less expensive and time-consuming. You and your ex will sit down with a neutral third party to work out an agreement on all aspects of divorce resolution, including spousal support, child custody issues, and the division of property. Open mediation does not prohibit disclosure, while closed mediation is entirely confidential.

Divorce resolution through mediation requires both parties to work together. The mediator does not provide legal advice or settle disputes, but instead acts as a facilitator, keeping the conversation on track and ensuring that all relevant points are addressed. Mediation is often more successful when both parties have an understanding of their legal rights, particularly before signing any legally binding agreement. Some people may choose to be represented by a lawyer during the mediation process, however, this will result in substantially increased fees.

If mediation is successful, the written agreement is filed with the court. After approval, it becomes legally binding, and can be enforced in the same way as a court order.

Divorce mediation does require cooperation, and may be difficult for those in very contentious relationships. However, our proprietary process uses a variety of professionals to keep the negotiations on track. We have successfully helped many couples in difficult relationships and complex circumstances negotiate a fair and equitable divorce resolution. Whenever possible, divorce mediation is highly recommended as a faster and less expensive way to dissolve a marriage.


Laws

Federal

Federal Divorce Act

Deals with divorce, as well as claims for child and spousal support, and custody and access, in divorce cases.

Provincial

The Family Property Act

Division of family property

The Children's Law Act

Custody, access and paternity applications