Financial disclosure in Saskatchewan divorce requires both spouses to file Form 15-26 under the King's Bench Rules, Part 15, disclosing all income, expenses, assets, and liabilities. The Court of King's Bench charges $200 for uncontested divorces and $300 for contested matters, plus $95 for the Application for Judgment and $10 for the Certificate of Divorce. Failure to provide complete financial disclosure can result in court sanctions, cost awards of $2,000-$10,000 or more, and orders being set aside. The Supreme Court of Canada in Colucci v. Colucci, 2021 SCC 24, called timely financial disclosure the linchpin of a just and effective family law system.
Key Facts: Saskatchewan Financial Disclosure
| Requirement | Details |
|---|---|
| Primary Form | Form 15-26 Financial Statement |
| Filing Fee (Uncontested) | $200 petition + $95 judgment + $10 certificate = $305 total |
| Filing Fee (Contested) | $300 petition + $95 judgment + $10 certificate = $405 total |
| Tax Returns Required | 3 most recent years with Notices of Assessment |
| Pay Stubs Required | 6 months of employment income proof |
| Bank Statements Required | 12 months for all accounts |
| Residency Requirement | 1 year habitual residence under Divorce Act, s. 3(1) |
| Property Division | Equal (50/50) presumption under Family Property Act, s. 21 |
| Disclosure Deadline | Within 30 days of being served (60 days if outside Canada/US) |
What is Financial Disclosure in Saskatchewan Divorce
Financial disclosure divorce Saskatchewan proceedings require both spouses to provide a complete and honest account of their financial situation, including all income sources, assets, debts, and monthly expenses. Under The King's Bench Rules, Part 15, this disclosure is automatic and mandatory whenever child support, spousal support, or property division claims are made. Saskatchewan courts will not finalize any divorce involving financial matters without verified disclosure from both parties.
The disclosure obligation applies equally to both spouses regardless of who initiated the divorce or who earned the higher income during the marriage. Saskatchewan follows the federal Divorce Act for divorce grounds and parenting arrangements, while The Family Property Act, S.S. 1997, c. F-6.3, governs the division of assets and debts accumulated during the spousal relationship.
Form 15-26 Financial Statement Requirements
Saskatchewan's Form 15-26 Financial Statement is the core disclosure document required in all family law matters involving support or property claims. This sworn financial statement must contain accurate information about your complete financial picture as of the date you sign it. Filing a false or incomplete financial statement constitutes perjury and can result in criminal charges, cost awards, and having agreements or orders set aside.
The financial statement requires disclosure of:
- Gross annual income from all sources including employment, self-employment, investments, rental properties, and government benefits
- Monthly expenses for housing, utilities, transportation, food, childcare, insurance, and debt payments
- All assets including real estate, vehicles, bank accounts, investments, RRSPs, TFSAs, pensions, business interests, and personal property
- All liabilities including mortgages, vehicle loans, credit cards, lines of credit, student loans, and amounts owed to family members
- Details of any property held in trust, transferred within the past 5 years, or held by corporations you control
Supporting Documents Required for Disclosure
Beyond Form 15-26, Saskatchewan courts require extensive supporting documentation to verify the accuracy of your sworn financial statement. Under Federal Child Support Guidelines, s. 21, specific documents must accompany any child support application, with similar requirements applying to spousal support and property division claims.
Tax Documentation (3 Years)
Both spouses must provide copies of their personal income tax returns (T1 General) for the three most recent taxation years, along with all corresponding Notices of Assessment and Notices of Reassessment from Canada Revenue Agency. For self-employed individuals, this includes business financial statements and any schedules filed with the returns.
Employment Income (6 Months)
Employees must provide the most recent statement of earnings showing year-to-date totals including overtime, bonuses, and commissions. If your employer does not provide such statements, a letter from your employer confirming your annual salary, hourly rate, and typical hours must be obtained.
Bank and Investment Statements (12 Months)
Complete statements for all financial accounts are required, including chequing accounts, savings accounts, TFSAs, RRSPs, RRIFs, non-registered investment accounts, and any accounts held jointly or in your name alone. Business accounts for sole proprietorships must also be disclosed.
Property Documentation
Real estate disclosure requires current mortgage statements, property tax assessments, and title searches from Information Services Corporation (ISC). Vehicle registrations, loan agreements, and current market valuations for all vehicles, boats, recreational vehicles, and equipment must be provided.
Corporate and Business Disclosure
Spouses who own or control corporations must provide the corporation's financial statements for the three most recent fiscal years, including balance sheets, income statements, and statements showing all payments made to related parties.
The Family Property Act: Division Framework
Saskatchewan divides marital property under The Family Property Act, S.S. 1997, c. F-6.3, which establishes a presumption of equal (50/50) division of family property. This legislation recognizes that child care, household management, and financial provision are joint spousal responsibilities, entitling each spouse to equal distribution regardless of who earned income or whose name appears on title.
Family Property Subject to Division
Family property includes all property owned by either or both spouses at the date of application, including the family home, household goods, vehicles, bank accounts, investments, pensions, business interests, and any other assets. The equal division presumption applies to the net value after deducting debts.
Exempt Property Under Section 23
Under Family Property Act, s. 23, certain property receives exemption treatment. The fair market value at the commencement of the spousal relationship of property acquired before the relationship, inherited property, and gifts from third parties may be exempt from division. However, the family home and household goods receive no exemption regardless of how they were acquired.
Growth in Value is Sharable
Even exempt property experiences shareable appreciation. For example, if farmland valued at $100,000 at the start of the relationship is now worth $300,000, the $200,000 growth in value is not exempt and must be divided equally. This makes accurate disclosure of values at both the relationship commencement date and the current date essential.
Deadlines and Timing for Financial Disclosure
Saskatchewan imposes strict timelines for financial disclosure to prevent delays and gamesmanship. Under the Federal Child Support Guidelines, a spouse served with a support application must provide required disclosure documents within 30 days if residing in Canada or the United States, or within 60 days if residing elsewhere. The court may specify different timelines in particular cases.
Continuing Disclosure Obligation
The duty to disclose does not end once initial documents are exchanged. Under Federal Child Support Guidelines, s. 25(1), any spouse against whom a child support order has been made must provide updated income information annually upon written request of the other spouse. This continuing obligation lasts as long as the child qualifies for support under the Guidelines.
Property Division Application Deadline
Critically important: an application for family property division must be made before the divorce judgment is granted. Under The Family Property Act, once the divorce is finalized, the right to apply for property division under the Act is lost. This makes completing financial disclosure and negotiating property division before finalizing the divorce essential.
Consequences of Incomplete or False Disclosure
Saskatchewan courts take non-disclosure extremely seriously. The Ontario Court of Appeal in Roberts v. Roberts, 2015 ONCA 450, described financial disclosure as the most basic obligation in family law and noted the requirement is automatic, immediate, and ongoing. Saskatchewan courts apply the same principles.
Court Sanctions and Cost Awards
Failure to provide complete disclosure can result in adverse cost awards ranging from $2,000 to $10,000 or more. In Foley v. Leavitt, ABQB 2021 875, solicitor-client costs were awarded against a father who had to be forced to comply with court-ordered financial disclosure. Courts may also draw adverse inferences from non-disclosure, imputing income or asset values to the non-compliant spouse.
Contempt of Court
Willful refusal to comply with disclosure orders can constitute civil contempt. The Supreme Court of Canada in Carey v. Laiken, 2015 SCC 17, confirmed that contempt requires proof beyond a reasonable doubt of an intentional act or omission breaching a clear court order. Contempt penalties can include fines of $2,000 per day and imprisonment up to 30 days.
Orders Set Aside
Agreements or orders obtained without full disclosure may be set aside years later if hidden assets or debts are discovered. Courts can reopen property divisions, recalculate support, and order disgorgement of improperly retained assets with interest.
How to Prepare Your Financial Disclosure
Preparing thorough financial disclosure requires systematic document collection and careful organization. Starting this process early prevents last-minute scrambles and demonstrates good faith to the court and opposing counsel.
Step 1: Gather Tax Documentation
Request copies of your T1 General returns and Notices of Assessment from Canada Revenue Agency for the past three years. If you cannot locate your copies, CRA can provide reprints through My Account online or by calling 1-800-959-8281.
Step 2: Compile Income Documentation
Collect six months of pay stubs showing year-to-date earnings. For self-employment income, gather profit and loss statements, invoices, and bank statements showing deposits. Document all income sources including rental income, investment dividends, government benefits (EI, CPP, disability), and support received from prior relationships.
Step 3: List All Assets
Create a comprehensive inventory of everything you own, including items that may seem insignificant. Include current market values obtained through appraisals, online valuation tools, or dealer quotes. For real estate, obtain a current comparative market analysis from a real estate professional.
Step 4: Calculate All Debts
Obtain current statements for every debt showing the outstanding balance, interest rate, minimum payment, and maturity date. Include mortgages, vehicle loans, credit cards, lines of credit, student loans, tax debts, and money owed to family members.
Step 5: Document Exempt Property Claims
If claiming exemptions under Family Property Act, s. 23, gather documentation proving the property's value at the commencement of the spousal relationship. This may include historical bank statements, purchase receipts, appraisals, or inheritance documentation.
Special Disclosure Situations
Self-Employment and Business Ownership
Self-employed spouses face heightened scrutiny because income can be more easily manipulated. Courts may impute income based on historical earnings, industry standards, or lifestyle analysis when disclosed income appears artificially low. Business valuations by chartered business valuators may be required for businesses worth $50,000 or more.
Corporate Interests
Spouses who own or control corporations must disclose the corporation's financial statements even though the corporation is a separate legal entity. Courts pierce the corporate veil for disclosure purposes because shareholder benefits, retained earnings, and corporate assets affect the controlling spouse's true financial picture.
Pensions and Retirement Benefits
Pension benefits earned during the relationship are family property subject to division. The Canada Pension Plan credit-splitting program allows CPP credits accumulated during the relationship to be divided equally between spouses. Employer pensions require valuation by an actuary or use of the commuted value from the pension administrator.
Trusts and Beneficial Interests
Beneficial interests in trusts must be disclosed even if the trustee controls distributions. Provide copies of the trust settlement agreement and the trust's three most recent financial statements. Courts may attribute trust income or assets to the beneficiary spouse for support calculation purposes.
Separation Agreements and Disclosure
Saskatchewan courts uphold separation agreements under Family Property Act, s. 38, provided both spouses received independent legal advice (or knowingly waived it), both spouses made full financial disclosure, and the agreement was entered voluntarily without duress or undue influence.
Challenging Agreements for Non-Disclosure
Incomplete financial disclosure provides grounds for challenging an interspousal contract. Courts may find an agreement unconscionable if one party concealed significant assets or debts that would have affected the other party's decision to sign. The burden of proof falls on the party seeking to set aside the agreement.
Anderson v. Anderson Warning
The Supreme Court of Canada's decision in Anderson v. Anderson regarding Saskatchewan's Family Property Act cautions that informal agreements between parties, even without involvement of legal counsel or financial disclosure, may bind the parties. This makes obtaining proper legal advice before signing any agreement essential.