Divorce Laws in Manitoba: Complete 2026 Guide

Under the Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)), there is only one ground for divorce in Canada, including Manitoba: breakdown of the marriage. However, this sole ground can be established in one of three ways: (1) the spouses have lived separate and apart for at least one year; (2) one spouse has committed adultery; or (3) one spouse has subjected the other to physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses. The most commonly used basis is the one-year separation period. Either or both spouses may apply for divorce on this ground, and the separation does not need to be a joint decision — it is sufficient that one spouse considers the marriage to be over and an actual separation has occurred. Importantly, the Divorce Act allows a Petition for Divorce to be filed before the full year of separation has elapsed, as long as the spouses are actually separated at the time of filing. However, the court cannot grant the divorce until the one-year period is complete. During the one-year separation period, the spouses are permitted a reconciliation attempt of up to 90 days of cohabitation without resetting the clock. If they live together for more than 90 days and then separate again, the one-year period starts over. For adultery-based divorce, the spouse seeking the divorce cannot rely on their own adultery — it must be the other spouse who committed adultery. The spouse does not need to be separated to file on this basis. For cruelty, the petitioning spouse must prove that the cruelty occurred, that it seriously affected them, and that it made continued cohabitation unbearable. Courts interpret cruelty broadly to include both physical violence and severe mental anguish. It is important to note that Canada operates a no-fault divorce system for the separation ground. Neither spouse needs to prove wrongdoing, and the court does not consider fault when determining spousal support or parenting arrangements. The fault-based grounds (adultery and cruelty) exist primarily as a means to obtain a faster divorce without waiting the full year of separation. However, courts generally do not consider evidence of adultery as relevant to parenting ability or support entitlements.

To file for divorce in Manitoba, at least one spouse must have been ordinarily resident in the province for at least one year immediately preceding the filing of the Petition for Divorce. This requirement is set out in section 3(1) of the Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)). The residency requirement applies to the province, not to a specific city or judicial district within Manitoba. You do not need to be a Canadian citizen or permanent resident to file for divorce in Manitoba — ordinary residence for the required period is sufficient. If neither spouse has lived in Manitoba for at least one year, the petition cannot be filed in the province. In that case, the divorce must be filed in whichever Canadian province or territory where at least one spouse meets the one-year residency requirement. When children are involved, the court in Manitoba may consider where the children primarily reside. If you file for divorce in Manitoba but your children live in another province, the court may transfer parenting-related proceedings to the province where the children are primarily located. The divorce itself is typically filed in the Court of King's Bench centre in the judicial district where the filing spouse resides. If the petitioner does not reside in Manitoba but the respondent does, the petition is typically filed in the centre closest to where the respondent resides.

Property division in Manitoba is governed by The Family Property Act (C.C.S.M. c. F25), a provincial statute. The basic rule is that both spouses (or common-law partners) have a right to an equal share in the value of family property when they separate, regardless of which spouse owns the property or where it is located. Manitoba follows an equal division model — not merely 'equitable' division — meaning the presumption is a 50/50 split of the value of shareable assets. The Family Property Act distinguishes between two categories of property: 'family assets' and 'commercial assets.' Family assets are those used or enjoyed by the family, such as the family home, vehicles, furniture, and recreational property. Commercial assets are assets that are not family assets, such as business interests or investment properties not used for family purposes. Both categories are subject to equal sharing, but the court has broader discretion to order an unequal division of commercial assets if equal sharing would be clearly inequitable. For family assets, unequal division requires a higher threshold of unfairness. Certain types of property are excluded from sharing under The Family Property Act. Gifts and inheritances received by one spouse from a third party are not shareable, unless the gift giver intended to benefit both spouses. Compensation received by one spouse for personal injury or disability is excluded, unless it was intended to compensate both spouses. Property dealt with in a written agreement (such as a prenuptial or separation agreement) is also excluded from statutory sharing unless a court sets the agreement aside. However, any increase in the value of excluded property during the relationship may be shareable. The Homesteads Act provides additional protections for the family home. Neither spouse may sell, mortgage, or otherwise dispose of the family home without the other spouse's written consent, regardless of whose name is on the title. Pensions, retirement savings, and similar benefits accumulated during the relationship are also shareable assets under The Family Property Act.

Spousal support (sometimes called 'alimony') may be awarded in Manitoba under either the federal Divorce Act (for married spouses who are divorcing) or The Family Law Act (for both married spouses and common-law partners upon separation). The purpose of spousal support is to recognize any economic advantages or disadvantages arising from the relationship or its breakdown, to apportion the financial consequences of child-rearing, to relieve economic hardship arising from the breakdown of the relationship, and to promote the economic self-sufficiency of each spouse within a reasonable period of time. The court considers a number of factors when determining spousal support, including: the length of the relationship; the roles each spouse assumed during the relationship; the condition, means, needs, and other circumstances of each spouse; the ability of each spouse to become economically self-sufficient; and any existing support order, agreement, or arrangement. The court also considers whether one spouse's career or earning capacity was impaired by staying home to care for children or supporting the other spouse's career development. Canadian courts and lawyers frequently refer to the Spousal Support Advisory Guidelines (SSAGs) as an informal but highly influential framework for calculating spousal support amounts and duration. The SSAGs provide ranges based on the length of the marriage and the income disparity between the spouses. While not legislated, Manitoba courts regularly apply them. Spousal support can be ordered on a time-limited or indefinite basis, depending on the circumstances. Short marriages without children typically result in shorter support durations, while long marriages or situations where one spouse has significant economic disadvantage may result in longer or indefinite support. Spousal support obligations can be varied or terminated if there is a material change in circumstances, such as the recipient achieving self-sufficiency, the payor losing income, or the recipient entering a new relationship. Either party may apply to the court to vary a spousal support order. Support orders are enforceable through Manitoba's Maintenance Enforcement Program.

Since the 2021 amendments to the federal Divorce Act and the enactment of Manitoba's Family Law Act (C.C.S.M. c. F20, in effect July 1, 2023), the terms 'custody' and 'access' are no longer used in Canadian family law. Instead, the law uses 'parenting time' and 'decision-making responsibility.' Courts make 'parenting orders' that allocate how much time each parent spends with a child and how major decisions about the child are made. The paramount consideration in all parenting decisions is the best interests of the child. Both the Divorce Act and The Family Law Act set out a comprehensive list of factors the court must consider, including: the child's needs, given the child's age and stage of development; 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 history of care of the child; the child's views and preferences (giving due weight to the child's age and maturity); the child's cultural, linguistic, religious, and spiritual heritage; any family violence and its impact on the child and parenting ability; and the ability and willingness of each person to care for and meet the child's needs. In Manitoba, parents who have lived together after their child's birth are presumed to share parenting responsibilities unless the court orders otherwise. If the parents of a child have never lived together, the parent with whom the child lives has sole decision-making responsibility, though the other parent generally retains the right to parenting time. Each parent is also entitled to request information about the child's health, education, and well-being from the other parent or from third parties such as schools and medical providers. When parents cannot agree on parenting arrangements, each parent must complete a parenting plan and file it with the court. Manitoba also requires parents who are disputing parenting arrangements to attend the mandatory 'For the Sake of the Children' parent information program, though exemptions may apply (for example, if both parents have reached an agreement, if there is no response to the petition, or if a parent lives outside Manitoba). The Family Resolution Service offers mediation, parenting coaching, and consultation reports to help parents reach out-of-court resolutions.

To file for divorce in Manitoba, you must file a Petition for Divorce with the Court of King's Bench (Family Division). Rule 70 of the Court of King's Bench Rules (Manitoba Regulation 553/88) sets out the required forms and procedures. You have the option of filing as a sole petitioner (where one spouse files and the other is the respondent) or as joint petitioners (where both spouses file together). The joint petition option is available when both spouses agree on all terms of the divorce. The key documents you will need include: the Petition for Divorce (Form 70A) or Joint Petition for Divorce (Form 70A.1); a Financial Statement (Form 70D) if you are seeking property division, child support, or spousal support; your last three years of income tax returns, notices of assessment, and reassessment; a Marriage Certificate; and, if you have reached an agreement, a separation agreement or parenting plan. You file these documents at the Court of King's Bench Registry Office in the judicial centre nearest to where you reside. The filing fee is approximately $200, which includes the Central Divorce Registry (CDR) search. Fees can be paid by cash, certified cheque, or money order payable to the Minister of Finance. After filing, if you are the sole petitioner, you must serve the respondent with copies of all filed documents. Service must be performed by an adult other than yourself (for example, a process server). The respondent has 20 days to file an Answer if they reside in Manitoba, 40 days if elsewhere in Canada or the United States, and 60 days if outside North America. If no Answer is filed, you may proceed on an uncontested basis by filing a Requisition requesting the court decide based on affidavit evidence. A CDR certificate (confirming no other divorce proceedings have been started in another province) is required and typically takes six to eight weeks to arrive. Once all documentation is complete and the one-year separation period has been satisfied, the court reviews the file and may grant the divorce without a hearing (desk divorce) in uncontested cases. An uncontested divorce in Manitoba generally takes approximately three to four months from filing to final judgment. Divorce proceedings in Manitoba are handled exclusively by the Court of King's Bench (Family Division), which is Manitoba's superior trial court. The Court of King's Bench has inherent jurisdiction over divorce matters under the federal Divorce Act, as well as jurisdiction over property division under The Family Property Act and other provincial statutes. This is the only court that can grant a divorce in Manitoba. The Provincial Court (Family Division) has more limited jurisdiction in family matters. It can hear matters involving parenting arrangements, child support, spousal support, and protection orders under provincial legislation such as The Family Law Act, but it cannot grant a divorce or make orders for property division. For families who do not require a divorce (such as common-law partners separating or married couples seeking only support or parenting orders without dissolving the marriage), the Provincial Court may be a faster and more accessible option. There are three levels of court in Manitoba: the Provincial Court, the Court of King's Bench, and the Manitoba Court of Appeal. Appeals from a Family Division decision of the Court of King's Bench are heard by the Manitoba Court of Appeal. Further appeals on questions of national importance may be heard by the Supreme Court of Canada with leave. The Court of King's Bench has registry offices in Winnipeg, Brandon, Portage la Prairie, Dauphin, The Pas, Thompson, and other locations across the province.

The primary waiting period for divorce in Manitoba is the one-year separation requirement under section 8(2)(a) of the Divorce Act. For the most commonly used ground of marriage breakdown — living separate and apart — the spouses must be separated for at least one full year before the court will grant the divorce. However, the Petition for Divorce can be filed with the Court of King's Bench before the year has fully elapsed, as long as the spouses are actually separated at the time of filing. This allows the paperwork and procedural steps to proceed concurrently with the running of the separation period. The one-year separation period is subject to a reconciliation provision. If the spouses attempt to reconcile and live together again for a period of up to 90 days in total, the separation period is not interrupted and does not restart. However, if the spouses cohabit for more than 90 days and then separate again, the one-year period restarts from the date of the new separation. Once the court grants a Divorce Judgment, there is an additional mandatory 31-day waiting period before the divorce takes effect. During this time, either party may appeal the divorce. You cannot remarry until the divorce takes effect on the 31st day. After the waiting period, you may order a Certificate of Divorce from the Court of King's Bench Registry Office where your divorce was filed. The cost for a Certificate of Divorce is approximately $30. If the divorce is filed on fault-based grounds (adultery or cruelty), there is no mandatory one-year separation period, but the petitioning spouse must prove the grounds to the court's satisfaction.