SELF-HELP DIVORCE IN SASKATCHEWAN
MARRIAGE OR COMMON-LAW RELATIONSHIPS
QUICK DIVORCE IN SASKATCHEWAN
Uncontested Self-Help Divorce or Ending a Common-Law Relationship
In Saskatchewan. Common-law partners have the same legal rights and responsibilities as married couples.
Especially regarding property and children. But, the “trigger” for these rights and the specific timelines for filing claims differ.
NOTE
If you require notary public services regarding:
Marital Documents, Separation Documents or Divorce Documents.
Please note that both parties must be present at the time of notarization and must bring valid identification.
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What is involved in separating in Saskatchewan?
Disclaimer:
This information is for general guidance only and not legal advice. For specific legal advice, please consult a family lawyer in Saskatchewan.
“Common-Law” vs. Married
Married: Your rights and responsibilities begin the day you marry.
Common-Law: Couples are considered “spouses”. For the purpose of property division and spousal support. Once you have lived together in a marriage-like relationship for at least two years.
Note: For federal purposes (CRA taxes). The requirement is only one year, but for provincial property laws, it is two.
Dividing Property & Debts
Saskatchewan’s Family Property Act generally presumes an equal (50/50) split of “family property” for both married couples and common-law couples (of 2+ years).
What is Divided: Usually, it is the growth in value of assets from the date the relationship began. Until the date of separation or trial.
The Family Home: This is a special category. Regardless of whose name is on the title or who paid the down payment. Both spouses are typically entitled to an equal share of the home’s value.
Exemptions: Property brought into the relationship, or certain inheritances/gifts. May be exempt from division. Though this can become complex if those funds were “mingled” (e.g., used to pay down the mortgage on a joint home).
Timeline Warning: Common-law partners must file a claim for property division within 24 months of separating. Married couples must file before their divorce is finalized.
The Process of Separating
You do not need a court order to be “legally separated.” In Saskatchewan, separation happens the moment one or both partners decide the relationship is over. And they begin living “separate and apart.”
Living Apart: This usually means moving into different residences. But you can be “separated under the same roof” if you no longer share a bedroom, meals, or finances.
The 90-Day Rule: For tax purposes (CRA), you are not officially “separated” until you have lived apart for 90 consecutive days.
Children (Parenting & Support)
The law prioritizes the “best interests of the child” above all else.
Decision-Making: (Formerly “custody”) This refers to who makes major life decisions (health, education, religion). The default is often joint decision-making.
Parenting Time: (Formerly “access”) This is the schedule of when the child is with each parent.
Child Support: This is a legal right of the child. Amounts are determined by the Federal Child Support Guidelines.
Based primarily on the paying parent’s income and the number of children.
Formalizing the Split
While you can separate informally. It is highly recommended to create a Separation Agreement.
Interspousal Contracts: For a property agreement to be strictly binding in Saskatchewan. Both parties must receive independent legal advice. Then sign a certificate acknowledging they understand the agreement.
Mediation: Saskatchewan now requires most families to attempt Early Family Dispute Resolution. Such as mediation or collaborative law, before they can proceed to a court hearing.
How to Separate?
Disclaimer:
This information is for general guidance only and not legal advice. For specific legal advice, please consult a family lawyer in Saskatchewan.
Uncontested Divorces
To get a quick divorce in Saskatchewan. File for an uncontested (simple) divorce if both spouses agree on all terms:
- property,
- support,
- parenting.
This involves filing a joint application or a sole application after a one-year separation, using a Self-Help Kit. The process typically taking 3–6 months.
Common-Law Relationships
Ending a common-law relationship in Saskatchewan does not need a formal legal divorce.
Establish the Separation Date
The “Date of Separation” is critical. It marks the point when the joint accumulation of property usually stops. And the timeline for certain legal claims begins
- Physical Separation: One partner moves out.
- Separation Under One Roof: It is possible to be legally separated while living in the same house. If you no longer share meals, finances, or a bedroom.
Address Immediate Needs:
Before diving into long-term legalities, focus on “interim” arrangements:
- The Home: Determine who will stay in the family home and who will pay the mortgage/rent.
- Bank Accounts: Joint accounts should ideally be frozen or managed with transparency. To prevent one party from draining funds.
- Children: Establish a temporary schedule for where the children will live.
Division of Property and Debt
Under the Family Property Act of Saskatchewan. The presumption is a 50/50 split of all property acquired during the relationship.
- Assets: This includes the family home, vehicles, RRSPs, pensions, and business interests.
- Exemptions:Property brought into the relationship, or specific inheritances/gifts. May be exempt from the 50/50 split. Though any increase in value during the relationship is usually shareable.
- Debts: Credit card balances, lines of credit, and mortgages are also typically split.
Support Obligations
- Child Support: This is a right of the child. It is calculated using the Federal Child Support Guidelines. Based on the paying parent’s income and the number of children.
- Spousal Support: This is not automatic. It depends on the length of the relationship. The roles played during the union (e.g., if one person stayed home to raise kids). As well as the financial disparity between partners.
Formalizing the Agreement
You do not necessarily need to go to court. There are three main paths:
- Separation Agreement: A private contract drafted by lawyers. To be legally binding and “bulletproof” regarding property. Both parties must have Independent Legal Advice (ILA).
- Mediation: A neutral third party helps you reach an agreement, which is then turned into a legal document by lawyers.
- Court Application: If you cannot agree, you must apply to the Court of King’s Bench for a judge to make a ruling.
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The services provided by Aftab Notary Public & Documentation Services are strictly limited to notarial acts, such as witnessing signatures, certifying documents, administering oaths, and other duties permitted under Saskatchewan law.
We do not provide legal advice, interpretation of the law, or representation in legal matters. The information on this website is provided for general informational purposes only and should not be relied upon as legal advice.
For legal questions, advice on wills, powers of attorney, contracts, or other matters requiring legal expertise, please consult a licensed lawyer in Saskatchewan.
Aftab Notary Public & Documentation Services expressly disclaims any liability arising from the use of the information provided on this website.