Introduction
Ending a marriage is one of life's most significant legal and personal transitions. If you are considering divorce in Nova Scotia — or have already decided to proceed — understanding the legal framework, your rights, and the steps involved can help you navigate the process with greater confidence. This guide provides a thorough overview of divorce law as it applies in Nova Scotia, covering everything from legal grounds and residency requirements to property division, parenting arrangements, spousal support, and the practical steps of filing.
Divorce in Canada is governed primarily by the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), while certain related matters — most notably property division — fall under provincial legislation. In Nova Scotia, the Matrimonial Property Act, R.S.N.S. 1989, c. 275, plays a central role. Together, these statutes shape the rights and obligations of separating spouses in the province.
Important: This guide is for informational purposes only and does not constitute legal advice. Family law matters are highly fact-specific, and you should consult a qualified Nova Scotia family lawyer for guidance tailored to your situation.
Grounds for Divorce
Under section 8(1) of the Divorce Act, marriage breakdown is the sole legal ground for obtaining a divorce anywhere in Canada, including Nova Scotia. There are no separate "no-fault" and "fault" categories in the traditional sense; instead, marriage breakdown can be established in one of three ways:
1. Separation for at Least One Year
The most common basis for divorce is that the spouses have lived separate and apart for a continuous period of at least one year immediately preceding the determination of the divorce proceeding. You may file your divorce application before the full year has elapsed, but the divorce cannot be granted until the one-year mark has been reached.
Living "separate and apart" does not necessarily mean living in different residences. Courts recognize that spouses may continue to occupy the same dwelling for financial or family reasons while effectively living separate lives. However, demonstrating separation under one roof may require additional evidence.
2. Adultery
A divorce may be granted if one spouse has committed adultery. The spouse seeking the divorce on this ground must provide sufficient evidence. If you are the spouse who committed adultery, you cannot rely on your own adultery as a ground — only the other spouse may do so. No mandatory separation period is required.
3. Cruelty
A divorce may be granted if one spouse has treated the other with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses. As with adultery, no mandatory separation period applies, but the burden of proof rests on the spouse alleging cruelty.
In practice, the vast majority of divorces in Nova Scotia proceed on the basis of one year of separation, as this avoids the evidentiary complexities and emotional strain of proving adultery or cruelty.
Residency Requirements
To file for divorce in Nova Scotia, at least one spouse must have been habitually (ordinarily) resident in the province for at least one year immediately before the divorce application is filed. This means that you do not both need to live in Nova Scotia — only one of you must meet the residency threshold.
If neither spouse has lived in Nova Scotia for the required period, the application must be filed in the province or territory where the residency requirement is met. There is no requirement that the marriage took place in Nova Scotia, nor that both parties currently reside there.
Property Division
Property division in Nova Scotia is governed by the Matrimonial Property Act, R.S.N.S. 1989, c. 275. This provincial statute applies specifically to legally married couples. It establishes a framework for the equitable division of assets accumulated during the marriage.
Matrimonial Assets
The Matrimonial Property Act generally presumes an equal division of matrimonial assets — those assets acquired by either or both spouses during the marriage. Matrimonial assets can include the matrimonial home (regardless of whose name is on the title), vehicles, bank accounts, investments, pensions, RRSPs, and household contents.
Business Assets and Exempt Property
Business assets and certain other categories of property may be treated differently under the Act. Property owned before the marriage, gifts from third parties, and inheritances may be excluded from equal division in some circumstances, although any increase in the value of excluded property during the marriage can sometimes be shared.
Unequal Division
The court has discretion to order an unequal division of matrimonial assets where an equal division would be unfair or unconscionable, taking into account factors such as the length of the marriage, the contribution of each spouse, and any agreements between the parties.
Domestic Contracts
Spouses may enter into a marriage contract (prenuptial or postnuptial agreement) or a separation agreement that addresses property division. Courts will generally respect these agreements, but they may set them aside if they find the agreement was unconscionable, entered into under duress, or if one party failed to disclose significant assets.
Common-Law Relationships
It is important to note that the Matrimonial Property Act applies to married couples. Common-law (unmarried) partners in Nova Scotia do not have the same statutory property division rights, although they may have claims under other legal principles.
Parenting Arrangements
When a divorcing couple has children, establishing appropriate parenting arrangements is often the most important — and sometimes the most contested — aspect of the process. Under the Divorce Act (as amended in 2021), the terminology focuses on parenting time and decision-making responsibility, reflecting a child-centred approach.
Parenting Time
Parenting time refers to the time each parent spends with the child. A parenting schedule sets out where the child will live and when each parent will have the child in their care. Both parents typically have the right to request and receive information about the child's health, education, and welfare.
Decision-Making Responsibility
Decision-making responsibility refers to the authority to make significant decisions about the child's life, including decisions about education, health care, religion, and extracurricular activities. Decision-making responsibility may be allocated to one parent, shared between both parents, or divided by subject area, depending on what the court considers to be in the child's best interests.
Best Interests of the Child
The best interests of the child is the paramount consideration in all parenting disputes. The Divorce Act sets out a detailed list of factors the court must consider, including:
- The child's physical, emotional, and psychological needs
- The child's views and preferences (given the child's age and maturity)
- Each parent's willingness to support the child's relationship with the other parent
- The child's cultural, linguistic, religious, and spiritual upbringing
- Any history of family violence
Parenting Plans
Spouses are encouraged to develop a parenting plan — a detailed written agreement covering parenting time, decision-making responsibility, communication, holiday schedules, and dispute-resolution mechanisms. Courts favour arrangements that parents agree upon collaboratively, as these tend to be more sustainable.
Spousal Support
Spousal support (sometimes referred to as "alimony") may be awarded to one spouse upon divorce. Entitlement, amount, and duration are determined by considering the factors set out in the Divorce Act, including:
- The financial means, needs, and circumstances of each spouse
- The length of the marriage
- The roles each spouse assumed during the marriage
- The economic advantages or disadvantages arising from the marriage or its breakdown
- The goal of promoting self-sufficiency within a reasonable period
The Spousal Support Advisory Guidelines (SSAG) — while not legislation — are widely used by courts and lawyers across Canada, including in Nova Scotia, to calculate suggested ranges for the amount and duration of support. These guidelines provide a starting point, but the court retains discretion to depart from them based on the circumstances of the case.
Spousal support can be paid as periodic (monthly) payments or as a lump sum, or a combination of both. It can also be varied if there is a material change in circumstances after the original order is made.
Filing Process
Below is a general overview of the steps involved in filing for divorce in Nova Scotia:
Step 1: Determine Eligibility
Confirm that you meet the residency requirement (at least one year of ordinary residence in Nova Scotia) and that you have grounds for divorce (typically one year of separation).
Step 2: Prepare Your Documents
You will need to complete and file a Notice of Application (or Petition for Divorce) along with supporting documents, including a Registration of Divorce Proceedings form and a sworn affidavit. If children are involved, you must include information about proposed parenting arrangements.
Step 3: File with the Supreme Court of Nova Scotia (Family Division)
Divorce applications in Nova Scotia are filed with the Supreme Court of Nova Scotia (Family Division) in the judicial district where you reside. If there is no Family Division in your area, the application may be filed with the Supreme Court (General Division).
Step 4: Serve Your Spouse
Once filed, the application must be served on your spouse in accordance with court rules. If your divorce is uncontested (your spouse agrees to the terms), they may file a response or simply not contest the application.
Step 5: Attend Court or Submit for Desk Divorce
If the divorce is uncontested and all issues (property, parenting, support) are resolved, the matter may proceed as a desk divorce — the judge reviews the paperwork and grants the divorce without a court hearing. If issues are contested, the matter will proceed through case conferences, settlement discussions, and potentially a trial.
Step 6: Obtain the Divorce Order
Once the judge is satisfied that the grounds are met and all ancillary issues are resolved, a Divorce Judgment (order) is issued.
Step 7: Wait for the Divorce to Take Effect
The divorce does not take effect immediately. There is a 31-day appeal period after the divorce order is issued. Once this period expires without an appeal, the divorce becomes final. You can then request a Certificate of Divorce from the court.
Timeline and Costs
Timeline
- Uncontested divorce (desk divorce): Approximately 3–6 months from filing, assuming the one-year separation period has already been completed and all documents are properly prepared.
- Contested divorce: Timelines vary widely depending on the complexity of the issues, court schedules, and whether the parties can reach settlements. Contested matters can take one to several years.
- Appeal period: 31 days after the divorce order is made before it takes effect.
Costs
- Court filing fee: Approximately $218–$320 as of February 2026. Fees may vary, so confirm the current amount with your local court clerk.
- Legal fees: Vary significantly based on whether the divorce is uncontested or contested, the issues involved, and the lawyer's rates. An uncontested divorce handled by a lawyer may cost anywhere from $1,500 to $3,500 or more, while a contested divorce with complex parenting or property issues can cost tens of thousands of dollars.
- Additional costs: May include process server fees, copying and courier costs, mediator fees, and expert fees (e.g., property valuators, parenting assessors).
Some individuals may qualify for Nova Scotia Legal Aid if they meet financial eligibility criteria, particularly where parenting arrangements or safety issues are involved.
Alternative Dispute Resolution
Nova Scotia courts encourage separating spouses to explore alternatives to litigation whenever possible. Options include:
- Mediation: A neutral mediator helps the parties negotiate agreements on parenting, support, and property. Mediation is generally faster, less costly, and less adversarial than court proceedings.
- Collaborative Family Law: Each party retains a collaboratively trained lawyer, and all parties commit to resolving issues through negotiation without going to court.
- Arbitration: A private arbitrator makes binding decisions on disputed issues.
These processes can be particularly beneficial when children are involved, as they tend to preserve cooperative relationships between parents.
Legal Disclaimer
This guide is intended to provide general information only about the divorce process in Nova Scotia. It does not constitute legal advice and should not be relied upon as a substitute for professional legal counsel. Family law is complex and highly fact-specific; the outcome of any case depends on its unique circumstances. Laws, court fees, and procedures may change over time. If you are considering divorce or are involved in divorce proceedings, you are strongly encouraged to consult a qualified family lawyer licensed to practise in Nova Scotia who can assess your individual situation and provide tailored advice. You may also contact the Nova Scotia Barristers' Society Lawyer Referral Service or Nova Scotia Legal Aid for assistance in finding legal representation.