Divorce Laws in Northwest Territories: Complete 2026 Guide

Under the federal Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.), there is only one ground for divorce in Canada, including the Northwest Territories: breakdown of the marriage. However, the Act recognizes three ways to establish that the marriage has broken down. The most commonly used ground is that the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding. Importantly, the application can be filed before the one-year period has elapsed, but the divorce cannot be granted until one full year of separation has been completed. The other two grounds are fault-based. A spouse may establish marriage breakdown by showing that the other spouse has committed adultery, or that the other spouse has treated them with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses. These fault-based grounds do not require a one-year waiting period, meaning the divorce can theoretically be granted more quickly. However, they require proof of the alleged conduct, which can make proceedings more adversarial and costly. In practice, the vast majority of divorces in the Northwest Territories — as in the rest of Canada — are granted on the no-fault ground of one year of separation. This reflects the policy intent of the Divorce Act, which is to reduce conflict and encourage resolution. Under section 8(3) of the Divorce Act, spouses who have been separated can actually resume cohabitation for a period or periods totaling not more than 90 days with reconciliation as the primary purpose, without restarting the one-year clock. It is worth noting that under the 2021 amendments to the Divorce Act, there is an increased emphasis on family dispute resolution processes and the best interests of children. Courts are expected to encourage parties to resolve matters through negotiation, mediation, or collaborative law where appropriate, rather than through adversarial litigation.

Under section 3(1) of the Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.), either spouse must have been ordinarily resident in the province or territory for at least one year immediately preceding the commencement of the divorce proceeding. This means that to file for divorce in the Northwest Territories, either you or your spouse must have lived in the NWT for a continuous period of at least 12 months before the divorce application is filed with the Supreme Court of the Northwest Territories. There is no additional community-level or district-level residency requirement within the NWT. You may file in any court registry that serves the Supreme Court, regardless of which NWT community you reside in. The primary court registry is in Yellowknife, but there are also registries in other communities such as Hay River and Inuvik. If you live in a remote community without a registry, you can contact the nearest registry by toll-free telephone for guidance on filing. If neither spouse meets the one-year NWT residency requirement, the divorce must be filed in the province or territory where one spouse has been ordinarily resident for at least one year. It does not matter where the marriage took place — residency at the time of filing is what determines jurisdiction. In rare cases involving non-residents of Canada (such as couples who married in Canada but now live abroad), the Civil Marriage Act may provide an alternative path, but this applies in very limited circumstances. It is important to distinguish between 'residency' for divorce purposes and temporary presence. Ordinary residence means the place where you regularly, normally, or customarily live — not merely where you happen to be on a given date. Courts will look at factors such as your housing, employment, health care registration, driver's licence, and other ties to the territory.

Property division in the Northwest Territories is governed by the NWT Family Law Act (SNWT 1997, c. 18), not the federal Divorce Act. The Family Law Act provides a framework for the division of property between spouses (including common-law spouses who meet the statutory definition) upon the breakdown of a relationship. Unlike some Canadian provinces that use an automatic equalization scheme, the NWT follows an equitable distribution approach. The court has broad discretion to divide property in a manner that is fair and just, taking into account a range of statutory factors. The Family Law Act includes specific protections for the family home. Regardless of who holds title, both spouses have rights in the family home during the relationship and upon separation. The Act restricts the ability of one spouse to unilaterally sell, mortgage, or otherwise dispose of the family home without the other's consent or a court order. The court can also grant one spouse exclusive possession of the family home on a temporary or longer-term basis, particularly when there are children involved or when it is necessary to protect one spouse from family violence. When dividing property, the court considers factors such as the duration of the relationship, the contributions (both financial and non-financial) of each spouse to the acquisition, management, and maintenance of property, the needs of each spouse, and the best interests of any children. The court may also take into account debts and liabilities. Property acquired before the relationship, gifts, and inheritances may be treated differently, but they can still be subject to division depending on the circumstances. Spouses are encouraged to resolve property matters through negotiation or mediation rather than litigation. The NWT offers free family mediation services to assist with property division and other family law issues. If spouses reach an agreement, they can formalize it in a separation agreement, which the court will generally respect unless it is found to be unconscionable or contrary to the best interests of a child. If they cannot agree, either spouse can apply to the Supreme Court or Territorial Court for a property division order.

Spousal support in the Northwest Territories can be ordered under either the federal Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.) for married spouses in the context of a divorce, or under Part III of the NWT Family Law Act (SNWT 1997, c. 18) for both married and common-law spouses. Under both statutes, the court considers similar objectives and factors when making a support order. The Divorce Act sets out four objectives for spousal support orders: (a) to recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown; (b) to apportion between the spouses any financial consequences arising from the care of any child of the marriage; (c) to relieve any economic hardship of the spouses arising from the breakdown of the marriage; and (d) to promote the economic self-sufficiency of each spouse within a reasonable period of time. The NWT Family Law Act contains similar provisions, obligating spouses to contribute reasonably to each other's support during and after the relationship. In determining the amount and duration of spousal support, the court considers factors such as the length of the relationship, the roles each spouse assumed during the relationship, the financial means, needs, and circumstances of each spouse, any agreements between the spouses, and the impact of the relationship on each spouse's earning capacity. While the Spousal Support Advisory Guidelines (SSAGs) are not legislated, they are widely used by courts across Canada — including in the NWT — as a useful tool for determining appropriate ranges of support amount and duration. Spousal support may be ordered on a temporary (interim) basis while divorce proceedings are underway, or on a permanent basis as part of the final order. Support can be paid periodically (e.g., monthly) or as a lump sum. Orders can be varied if there is a material change in circumstances, such as a significant change in either spouse's income, health, or living situation. Either spouse can apply to the court to vary, suspend, or terminate a spousal support order.

Parenting arrangements in the Northwest Territories are governed by the federal Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.) for married couples and by the NWT Children's Law Act (SNWT 1997, c. 14) for unmarried parents. Since the 2021 amendments to the Divorce Act, the language of family law has changed: the terms 'custody' and 'access' have been replaced by 'parenting order,' 'parenting time,' and 'decision-making responsibility.' These terms better reflect the modern understanding that both parents continue to play important roles in their children's lives after separation. The paramount consideration in all parenting decisions is the best interests of the child. Under section 16 of the amended Divorce Act, the court must consider a comprehensive list of factors, including: the child's needs given their age and stage of development; the nature and strength of the child's relationship with each spouse and other significant persons; each spouse's willingness to support the child's relationship with the other spouse; the child's views and preferences (giving due weight to the child's age and maturity); the child's cultural, linguistic, religious, and spiritual upbringing and heritage (including Indigenous heritage); and any history of family violence. The 2021 amendments also introduced a specific duty on parties to try to resolve parenting disputes through family dispute resolution processes (such as negotiation, mediation, or collaborative law) to the extent that it is appropriate to do so. The Government of the Northwest Territories offers a free Parenting After Separation Workshop, and in some cases, the court may require proof of attendance before proceeding. The NWT also provides free family mediation services to help parents develop workable parenting plans. Parenting orders can address the allocation of parenting time (i.e., the schedule of when the child is with each parent), decision-making responsibility (the authority to make significant decisions about the child's health, education, religion, extracurricular activities, and other important matters), and provisions for communication between the child and the parent with whom the child is not currently residing. The court may allocate decision-making responsibility to one parent, to both parents jointly, or divide different areas of decision-making between parents.

To file for divorce in the Northwest Territories, you must file a Statement of Claim for Divorce (or a Petition for Divorce) with the Supreme Court of the Northwest Territories. The primary court registry is located in Yellowknife, but documents can also be filed at other court registries throughout the territory, including in Hay River and Inuvik. Court registries are open to the public and staff can help with procedural questions, though they cannot provide legal advice. The general steps are as follows: (1) Prepare the required court documents, including the Statement of Claim for Divorce, a supporting affidavit, and any financial statements or proposed parenting plans required by the rules of court. You must also file a Registration of Divorce Proceedings form with the Central Registry of Divorce Proceedings in Ottawa (a federal requirement to prevent duplicate proceedings). (2) File the documents with the court registry and pay the applicable filing fee. The filing fee for a divorce application in the NWT Supreme Court is approximately $157 to $200, plus a $10 federal fee for the Central Registry of Divorce Proceedings. (3) Serve the filed documents on your spouse according to the rules of court (usually by personal service or an alternative method approved by the court). (4) If uncontested, your spouse may file a Response or simply not respond within the required time, after which you can proceed to seek a divorce order. If contested, both parties will engage in the litigation process, which may include case conferences, discovery, mediation, and potentially a trial. The NWT Government provides a Family Law Guide that outlines the process in plain language. Legal aid may be available for eligible residents, particularly in cases involving child or spousal support issues. The Legal Aid Outreach Clinic can provide up to one hour of free confidential advice regardless of financial status. The free Family Mediation Service and Parenting After Separation Workshop are additional resources that can help families navigate the process. The cost of divorce varies considerably depending on whether it is contested or uncontested. Court filing fees represent only a small fraction of the total cost. If the divorce is uncontested, you may be able to handle the process yourself or with minimal legal assistance. If it is contested, legal fees for lawyers can add significantly to the cost. The average cost of an uncontested divorce in Canada is approximately $1,800–$2,000 in legal fees, while contested divorces can cost $10,000 or much more depending on the complexity of the issues. Divorce proceedings in the Northwest Territories are heard exclusively by the Supreme Court of the Northwest Territories. Under section 2(1)(e) of the Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.), the 'court' for the purposes of divorce in the Northwest Territories is defined as the Supreme Court. This court has jurisdiction to grant divorces, make parenting orders, and order spousal and child support under the Divorce Act. The Supreme Court of the Northwest Territories sits primarily in Yellowknife but also travels on circuit to communities across the territory. This circuit court system is essential given the NWT's vast geography and dispersed population. Court registries are available in Yellowknife, Hay River, and Inuvik, and residents in communities without a local registry can contact the nearest one by toll-free telephone. Registry staff can assist with procedural matters and document filing but cannot provide legal advice. In addition to the Supreme Court, the Territorial Court of the Northwest Territories has jurisdiction over certain family law matters under territorial legislation, including some spousal and child support matters and protection orders under the Family Law Act and the Protection Against Family Violence Act. However, the Territorial Court does not have jurisdiction to grant a divorce. Appeals from the Supreme Court of the Northwest Territories go to the Court of Appeal for the Northwest Territories, and from there to the Supreme Court of Canada on leave. The NWT court system also includes Justices of the Peace who handle certain summary matters, but they do not have jurisdiction over divorce or substantive family law proceedings. Given the small bar of practicing lawyers in the territory, the Legal Aid Commission plays an important role in providing representation, particularly in family law matters in communities served by the circuit court.

The primary waiting period in the Northwest Territories is the one-year separation period required under the no-fault ground for divorce in the Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.). Under section 8(2)(a), the spouses must have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding. This means that you can file your divorce application before the full year has elapsed, but the court cannot grant the divorce until the one-year period is complete. Living 'separate and apart' does not necessarily require living in separate residences. Canadian courts have recognized that spouses may live separate and apart under the same roof if they have effectively ended the marital relationship — sleeping separately, not sharing meals, not socializing together as a couple, and not performing spousal duties for one another. However, proving separation while living under the same roof can be more difficult, and it is advisable to document the date and circumstances of separation clearly. If a spouse relies on the fault-based grounds of adultery or cruelty, there is no mandatory separation period. However, these grounds require proof of the alleged conduct, and contested proceedings can take significantly longer than uncontested separations. In practice, most couples opt for the one-year separation because it avoids the need to prove fault and tends to reduce conflict. Under section 8(3) of the Divorce Act, spouses may attempt reconciliation during the one-year separation period. If they resume cohabitation for a period or periods totaling not more than 90 days for the primary purpose of reconciliation, this does not restart the one-year clock. However, if cohabitation continues beyond 90 days, the separation period resets. Additionally, after the divorce judgment is granted, there is a 31-day appeal period before the divorce becomes effective (absolute), unless the court orders otherwise or both parties waive the appeal period.