Divorce in Nunavut: A Complete Guide

Introduction

Divorce is never easy, but understanding the legal process can help reduce uncertainty and stress during an already difficult time. If you or your spouse live in Nunavut, the process of ending your marriage is governed by a combination of federal legislation — primarily the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) — and territorial legislation, most notably the Family Law Act, SNWT (Nu) 1997, c. 18. Together, these laws address everything from the grounds on which a divorce may be granted to how property is divided, how parenting arrangements are determined, and how spousal and child support obligations are calculated.

This guide walks you through each major aspect of divorce in Nunavut. While it is designed to be comprehensive, it is not a substitute for professional legal advice. Every family's circumstances are unique, and a qualified family lawyer or legal aid provider in Nunavut can help you understand how the law applies to your specific situation.

Grounds for Divorce

Under section 8(1) of the federal Divorce Act, there is only one ground for obtaining a divorce in Canada, including Nunavut: breakdown of the marriage. There is no distinction between "fault" and "no-fault" divorce under the modern Canadian framework. Marriage breakdown can be established in one of the following ways:

1. One-Year Separation

The most common basis for divorce is that the spouses have lived separate and apart for at least one year immediately before the divorce judgment is granted. Importantly, you do not have to wait a full year before filing; you can begin the process as soon as you separate, but the court will not grant the divorce until the one-year mark has been reached.

It is also worth noting that spouses can live "separate and apart" even while residing under the same roof, provided they have genuinely ended the marital relationship. Brief periods of reconciliation (90 days or fewer) will not reset the one-year clock.

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. You cannot rely on your own adultery as the ground — it must be the other spouse's conduct.

3. Cruelty

A divorce may also be granted if one spouse has treated the other with physical or mental cruelty of such a kind as to render continued cohabitation intolerable. This is assessed on a case-by-case basis by the court.

While adultery and cruelty can technically allow for a faster divorce (because no one-year waiting period is required), they are more difficult and expensive to prove. The overwhelming majority of divorces in Nunavut — and across Canada — proceed on the basis of one-year separation.

Residency Requirements

To file for divorce in Nunavut, at least one spouse must have been ordinarily resident in the territory for at least one year immediately preceding the filing of the divorce application. "Ordinarily resident" means that Nunavut is the place where you regularly, normally, and customarily live — not merely a place you visit or temporarily stay.

If neither spouse meets the residency requirement in Nunavut, you will need to file in the province or territory where the requirement is met. There is no requirement that you were married in Nunavut in order to divorce there.

Property Division

Property division upon divorce or separation in Nunavut is governed by Part III of the Family Law Act, SNWT (Nu) 1997, c. 18. This territorial legislation sets out the rules for how assets and debts accumulated during the marriage are to be divided between the spouses.

Key Principles

• Family property generally includes all property acquired by either spouse during the marriage, regardless of whose name it is in.
• The starting presumption is an equal division of family property, although the court may order an unequal division if an equal split would be clearly unfair given the circumstances.
• Excluded property may include assets owned before the marriage, gifts, and inheritances received by one spouse during the marriage, though increases in the value of excluded property during the marriage may be subject to division.
• The matrimonial home receives special treatment under the law, and both spouses generally have an equal right to possession regardless of who holds legal title.

Practical Considerations

• Full and honest financial disclosure by both parties is mandatory. Failure to disclose can result in court sanctions.
• Spouses are free to negotiate their own property settlement through a separation agreement, provided it is fair and both parties have received independent legal advice.
• If spouses cannot agree, the court will make the determination based on the principles set out in the Family Law Act.

Parenting Arrangements

When a divorcing couple has children, one of the most important issues to resolve is the parenting arrangements — that is, where the children will live and how major decisions about their lives will be made. The Divorce Act uses the terms "parenting time" and "decision-making responsibility" to describe these concepts.

Best Interests of the Child

The paramount consideration in all matters relating to children is the best interests of the child. Under section 16 of the Divorce Act, the court considers a wide range of factors, including:

• The child's physical, emotional, and psychological needs
• The nature and strength of the child's relationship with each parent and other significant people
• Each parent's willingness to support the child's relationship with the other parent
• The child's cultural, linguistic, and spiritual heritage, including Indigenous heritage — a particularly important consideration in Nunavut
• Any history of family violence
• The child's own views and preferences, depending on their age and maturity

Parenting Time

Parenting time refers to the time each parent spends with the child. The schedule can be structured in many different ways — from equal time-sharing to arrangements where one parent has the majority of parenting time and the other has regular, defined periods.

Decision-Making Responsibility

Decision-making responsibility refers to the authority to make significant decisions about the child's health, education, culture, language, religion, and extracurricular activities. This responsibility can be allocated to one parent, shared between both parents, or divided by subject matter.

Parenting Plans and Orders

Parents are strongly encouraged to develop a parenting plan collaboratively, potentially with the help of a mediator or family law professional. If they cannot agree, the Nunavut Court of Justice will make a parenting order based on the best interests of the child.

Spousal Support

Spousal support (sometimes called "alimony" in colloquial terms) may be awarded to one spouse upon divorce. The purpose of spousal support is to address economic advantages or disadvantages arising from the marriage or its breakdown.

Determining Entitlement

Under section 15.2 of the Divorce Act, the court considers factors such as:

• The length of the marriage
• The roles each spouse played during the marriage (e.g., if one spouse stayed home to care for children)
• The financial means and needs of each spouse
• The goal of promoting each spouse's economic self-sufficiency within a reasonable time

Amount and Duration

The Spousal Support Advisory Guidelines (SSAGs) provide a helpful framework for calculating the amount and duration of support, though they are not binding law. The actual amount and duration will depend on the specific facts of each case.

Child Support Takes Priority

Where both child support and spousal support are at issue, child support obligations are addressed first. Child support in Canada is calculated according to the Federal Child Support Guidelines, which use income-based tables. The amount is largely formulaic and based on the paying parent's gross income and the number of children.

Filing Process

The following is a general overview of the steps involved in filing for divorce in Nunavut:

Step 1: Prepare Your Documents

You will need to prepare and file a number of court documents, including:

• An Application for Divorce (or a joint application if both spouses agree)
• A Financial Statement (if seeking support or property division)
• A marriage certificate (original or certified copy)
• An Affidavit of Service (once documents have been served on the other spouse)
• A proposed parenting plan, if applicable

Step 2: File with the Nunavut Court of Justice

File your documents at the Nunavut Court of Justice registry. This is the court with jurisdiction over divorce matters in the territory. You can contact the registry at 1-866-286-0546 for filing information and to confirm current fees.

Step 3: Serve Your Spouse

If you are filing alone (not jointly), you must personally serve your spouse with the filed documents. Service must comply with the applicable court rules.

Step 4: Response Period

Your spouse has a set period (typically 30 days if served in Canada) to file a response. If they do not respond, you may be able to proceed on an uncontested basis.

Step 5: Resolution or Trial

If the divorce is uncontested and all issues are resolved, the court may grant the divorce based on the filed documents without a hearing. If issues are contested, the matter will proceed through case conferences, settlement discussions, and potentially a trial.

Step 6: Divorce Judgment and Effective Date

Once the court is satisfied that the grounds have been met and all ancillary issues are resolved, it will issue a Divorce Judgment. The divorce does not become final until 31 days after the judgment is granted, allowing time for either party to appeal. After the 31-day period, you may obtain a Certificate of Divorce, which is your official proof that the marriage has been legally dissolved.

Timeline & Costs

Timeline

The total timeline for a straightforward, uncontested divorce based on one-year separation is typically 14–19 months from the date of separation.

Costs

• Court filing fees: Approximately $200–$400 (as of February 2026; verify with the Nunavut Court of Justice registry at 1-866-286-0546, as fees are subject to change).
• Legal fees: Vary widely depending on complexity. An uncontested, simple divorce may cost $1,500–$4,000 in legal fees, while contested matters can cost significantly more.
• Additional costs: Process server fees, disbursements, mediation fees, and document preparation costs may also apply.

Legal aid may be available to eligible individuals in Nunavut through the Legal Services Board of Nunavut. Contact them to determine if you qualify for assistance.

Important Considerations for Nunavut Residents

Nunavut's unique geography and demographics can create practical challenges in the divorce process:

• Remote communities: Many Nunavut residents live in small, fly-in communities. Court circuits travel to communities periodically, which can affect scheduling.
• Access to legal services: Lawyers and legal aid workers may not be locally available in every community. Telephone and video consultations are common.
• Indigenous and Inuit cultural considerations: The Divorce Act requires courts to consider a child's cultural, linguistic, and spiritual heritage. In Nunavut, this includes Inuit culture, language (Inuktitut/Inuinnaqtun), and traditional practices. These factors can be central to parenting arrangement decisions.

Legal Disclaimer

This guide is provided for general informational purposes only and does not constitute legal advice. The information contained herein is based on legislation and legal principles current as of the date of writing and is subject to change. Every divorce involves unique circumstances, and the outcome of your case will depend on its specific facts. You should consult a qualified family lawyer or contact the Legal Services Board of Nunavut for advice tailored to your situation. The authors and publishers of this guide disclaim any liability for actions taken or not taken based on the content of this guide.