Divorce Laws in Nunavut: Complete 2026 Guide

Under the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 8(1), the sole ground for obtaining a divorce in Nunavut is marriage breakdown. There is no distinction between 'fault' and 'no-fault' divorce as a separate legal category; rather, the Act provides three ways to establish that the marriage has broken down irretrievably. The Divorce Act applies uniformly across Canada, including in Nunavut. The most commonly used method of proving marriage breakdown is demonstrating that the spouses have lived separate and apart for at least one year (Divorce Act, s. 8(2)(a)). You may initiate divorce proceedings at any time after separating; however, the divorce judgment will not be granted until the full 12 months of separation have elapsed. The separation period must be continuous, although the Act permits periods of attempted reconciliation lasting 90 days or less without restarting the clock. It is also possible to be considered 'living separate and apart' while residing under the same roof, provided the spouses are living entirely independent lives — though this can be more difficult to prove. The second way to establish marriage breakdown is adultery by the other spouse (Divorce Act, s. 8(2)(b)(i)). The adultery must have actually occurred, must not have been condoned by the petitioner, and cannot be relied upon if both spouses were complicit (e.g., in an open marriage arrangement). The petitioner cannot rely on their own adultery as a ground. Proving adultery can be difficult, as the respondent is protected against self-incrimination under the Canada Evidence Act, R.S.C. 1985, c. C-5. The third method is establishing that the other spouse has treated the petitioner with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses (Divorce Act, s. 8(2)(b)(ii)). This is a high threshold and typically requires corroborating evidence. Regardless of which ground is relied upon, the Petition for Divorce must include a sworn statement that there has been no collusion or connivance between the spouses to fabricate grounds for divorce (Divorce Act, s. 11(4)). For most Nunavut divorces, the one-year separation ground is used because it is the simplest to prove and avoids the evidentiary challenges of establishing adultery or cruelty. Spouses are encouraged to attempt reconciliation, and lawyers have a duty under the Act to advise their clients of reconciliation services and family dispute resolution processes.

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 commencement of the divorce proceeding. This requirement is set out in the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 3(1), which grants jurisdiction to the court of the province or territory where either spouse has been ordinarily resident for at least one year. 'Ordinarily resident' means the place where you regularly, normally, or customarily live — it does not require continuous physical presence every single day, but it must be your settled, habitual home. If neither spouse has been ordinarily resident in Nunavut for one year, the Nunavut Court of Justice will not have jurisdiction to hear the divorce petition. In that case, you would need to file in the province or territory where either spouse meets the one-year residency requirement. There is no additional municipal or community-level residency requirement — the one-year territorial residency is the only jurisdictional prerequisite. It is important to note that the residency requirement for filing is separate from the one-year separation period. You can be counting your separation time and your residency time simultaneously. For example, if you moved to Nunavut and separated from your spouse on the same day, you could file for divorce after one year, having satisfied both the residency and separation requirements at the same time. You do not need to wait two years total. If you are unsure whether you meet the residency requirement, or if there is a question about which jurisdiction is appropriate (for example, if one spouse lives in Nunavut and the other lives in another province), you should consult a family lawyer. The Legal Services Board of Nunavut provides family law lawyers through its regional clinics for eligible residents.

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 uses a 'net family property equalization' model, similar in concept to Ontario's system. The fundamental principle, as stated in s. 36(7) of the Act, is that child care, household management, and financial provision are the joint responsibilities of the spouses, and that inherent in the spousal relationship there is an equal contribution by each spouse, entitling each to an equalization of the net family properties. Under this model, each spouse calculates their net family property, which is determined by taking the value of all property owned on the valuation date (typically the date of separation), subtracting debts, and then subtracting the net value of property owned at the date of marriage. Certain categories of property are excluded from the calculation, including gifts and inheritances received during the marriage (provided they can be traced), damages for personal injuries, and life insurance proceeds (Family Law Act, s. 35(2)). The spouse with the lesser net family property is entitled to receive one-half of the difference between the two spouses' net family properties. This is an equalization payment — it does not require the actual division or transfer of specific assets, but rather a monetary adjustment. The court has discretion under s. 36(6) of the Family Law Act to vary the equalization entitlement if it would be unconscionable to order the standard equalization, having regard to factors such as the duration of the cohabitation, a spouse's failure to disclose debts or liabilities, whether one spouse deliberately depleted their net family property, or any other relevant circumstances. The Act also provides special protections for the family home under Part IV, including restrictions on the sale or disposition of the family home without the consent of both spouses, regardless of who holds title. It is important to note that the property division provisions of the Family Law Act apply to married spouses. Common-law partners (defined as persons who have cohabited in a conjugal relationship for at least two years, or who are parents of a child together) may have different property rights, and claims may need to be pursued under equitable principles such as unjust enrichment. Spouses may also enter into marriage contracts, cohabitation agreements, or separation agreements under Part I of the Family Law Act to address property division on their own terms, subject to the requirement that such contracts be in writing and properly executed.

Spousal support in Nunavut can be sought under both the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), ss. 15.2–15.3 (in the context of a divorce proceeding), and the territorial Family Law Act, SNWT (Nu) 1997, c. 18, Part II (which applies regardless of whether the parties are pursuing a divorce, and also applies to common-law partners). Both statutes recognize the obligation of spouses to support each other. Under the Divorce Act, the court may make a spousal support order requiring one spouse to pay support to the other. The court considers a range of factors, including: the conditions, means, needs, and other circumstances of each spouse; the length of time the spouses cohabited; the functions performed by each spouse during cohabitation; and any order, agreement, or arrangement relating to support already in place (Divorce Act, s. 15.2(4)). The objectives of a spousal support order are to recognize any economic advantage or disadvantage arising from the marriage or its breakdown; apportion between the spouses any financial consequences arising from the care of any child; relieve any economic hardship arising from the breakdown of the marriage; and promote the economic self-sufficiency of each spouse within a reasonable period (Divorce Act, s. 15.2(6)). The Spousal Support Advisory Guidelines (SSAGs), while not legislated, are widely used by courts across Canada — including in Nunavut — to provide a framework for calculating the amount and duration of spousal support. The SSAGs use formulas based on the spouses' incomes, the length of the marriage, and whether there are dependent children, to generate a range of potential support amounts and durations. Support may be ordered on a time-limited basis, an indefinite basis, or as a lump sum, depending on the circumstances. Under the territorial Family Law Act, either spouse (including a common-law partner) can apply for a support order on the breakdown of the spousal relationship. The Act sets out obligations during and upon the breakdown of the relationship (ss. 14–17), factors for the court to consider, and objectives similar to those in the Divorce Act. Spousal support orders can be varied if there is a material change in circumstances. Enforcement of support orders in Nunavut is handled through the Maintenance Enforcement Program.

When children are involved in a Nunavut divorce, parenting arrangements and decision-making responsibility are determined under the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), as amended in 2021. The 2021 amendments replaced the former terminology of 'custody' and 'access' with 'parenting orders,' 'parenting time,' and 'decision-making responsibility.' The paramount consideration in all decisions is the best interests of the child (Divorce Act, s. 16(1)). The Divorce Act sets out a detailed, non-exhaustive list of factors the court must consider in determining the best interests of the child (s. 16(3)). These include: the child's needs, given their age and stage of development; the nature and strength of the child's relationships with each spouse, siblings, and other significant persons; each spouse's willingness to support the child's relationship with the other spouse; the child's cultural, linguistic, religious, and spiritual upbringing and heritage (including Inuit heritage, which is of particular significance in Nunavut); any plans proposed for the child's care; the child's own views and preferences, taking into account their age and maturity; the presence of any family violence; and any civil or criminal proceedings relevant to the child's safety. The court must also consider whether the past conduct of a person is relevant to their ability to act as a person who has parenting time or decision-making responsibility. Parenting time refers to the time that a child spends in the care of a particular spouse, during which that spouse makes day-to-day decisions affecting the child. Decision-making responsibility refers to the authority to make significant decisions about the child's well-being, including decisions about health, education, culture, language, religion, and significant extracurricular activities. The court may allocate decision-making responsibility to one spouse, both spouses jointly, or divide specific areas of decision-making between them. The 2021 Divorce Act amendments also impose a duty on parties to attempt family dispute resolution processes (such as mediation or collaborative law) before resorting to court, to the extent it is appropriate to do so (s. 7.3). In Nunavut, where community and extended family ties are strong and Inuit Qaujimajatuqangit values emphasize family cohesion, community-based dispute resolution can play an important role. Parents are encouraged to develop parenting plans that detail parenting time schedules, decision-making responsibilities, and mechanisms for resolving future disagreements. Where parents cannot agree, the Nunavut Court of Justice will make a parenting order based on the best interests of the child.

To file for divorce in Nunavut, you begin by preparing and filing a Petition for Divorce (Form 1) with the Nunavut Court of Justice in Iqaluit, which serves as the primary civil registry for the territory. If both spouses agree on the divorce and all related issues, they may file a Joint Petition for Divorce (Form 7) instead. The required divorce forms are available on the Nunavut Courts website at www.nunavutcourts.ca. You should prepare at least two copies of all documents: the original for the court, one copy for your records, and one copy to serve on your spouse. When you file your Petition with the court, you will need to pay the applicable court filing fee. The exact fee amount is set by the Court Fees Regulations under the Judicature Act. You should contact the Iqaluit Civil Registry at 867-975-6102 or toll-free at 1-866-286-0546 to confirm the current fee and acceptable methods of payment before filing. You may also wish to confirm whether filing by mail is available. After filing, unless you filed jointly, you must serve your spouse with a copy of the Petition for Divorce and the Notice to Respondent (Form 2). Service must be carried out by someone other than yourself who is at least 18 years old — you may use a friend, family member, private process server, or sheriff. Once your spouse has been served, the person who served the documents must complete an Affidavit of Service (Form 3), which you then file with the court. Your spouse has a set period to file an Answer (Form 4). If the divorce is uncontested (i.e., your spouse does not contest it or does not respond), the matter may proceed on an uncontested basis, and the court can grant the divorce without a full hearing. If the divorce is contested, the matter will proceed to a hearing before a judge. In addition to the basic divorce forms, you may need to complete additional forms if there are children of the marriage or if you are seeking spousal support or property division. Financial disclosure statements are typically required. Once the divorce judgment is rendered, it takes effect 31 days later under s. 12(1) of the Divorce Act, and you can then request a Certificate of Divorce from the court. Nunavut has a unique court structure that is unlike any other jurisdiction in Canada. The Nunavut Court of Justice (NCJ) is a unified, single-level trial court with the combined jurisdiction of both a provincial/territorial court and a superior court. This means that the NCJ has the authority to hear all matters, from summary conviction offences to the most serious criminal cases, and all civil and family law matters including divorce. In other provinces, divorce must be filed in the superior court (e.g., the Supreme Court or Court of Queen's/King's Bench), but in Nunavut, the NCJ fulfills this role. The NCJ is the court that receives and processes all Petitions for Divorce in the territory. The court's main registry is located in the Nunavut Justice Centre in Iqaluit. Because Nunavut encompasses a vast geographic area with 25 communities spread across roughly two million square kilometres, the NCJ operates on a circuit system. Judges travel to communities on a regular schedule to hold court sittings. Divorce matters in Iqaluit are scheduled on a regular civil calendar, while matters in other communities (in the Kivalliq and Kitikmeot regions) are scheduled as part of the circuit court calendar. Appeals from the Nunavut Court of Justice are heard by the Nunavut Court of Appeal, which shares its justices with the Court of Appeal of Alberta and the Court of Appeal of the Northwest Territories. The Court of Appeal hears appeals on questions of law and, in some cases, questions of fact or mixed fact and law. Further appeals may be brought to the Supreme Court of Canada with leave. In addition to the NCJ and the Court of Appeal, Justices of the Peace in Nunavut may handle certain preliminary matters, but divorce petitions must be heard by a judge of the NCJ. The Nunavut Court of Justice also has the jurisdiction to handle related family law matters that arise during or alongside divorce proceedings, including parenting arrangements, child support, spousal support, property division, and restraining orders. This unified jurisdiction means that all aspects of a family law dispute can be resolved in a single court, potentially reducing complexity and delay.

There are two key time-related requirements to be aware of when filing for divorce in Nunavut. The first is the one-year separation period. Under the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 8(2)(a), you and your spouse must have lived separate and apart for at least one year before a divorce judgment can be granted. However, you do not have to wait a full year before filing the Petition for Divorce — you may file at any time after separation, and the court will simply not issue the final divorce judgment until the one-year mark has passed. The separation period must be continuous, with the exception that attempts at reconciliation totaling no more than 90 days do not interrupt the running of the one-year period. The second time-related requirement is the 31-day appeal period after the divorce judgment is rendered. Under the Divorce Act, s. 12(1), a divorce does not take effect until the 31st day after the day on which the judgment is granted. This waiting period exists to allow either spouse to appeal the judgment. Once the 31 days have passed without an appeal, the divorce becomes final and absolute, and either party is free to remarry. In special circumstances, the court may waive this 31-day period under s. 12(2), but this is rare. If you are relying on adultery or cruelty as the ground for divorce rather than separation, there is no mandatory waiting or separation period before filing — you can file immediately. However, the practical timeline will still depend on the time required for service of documents, the respondent's opportunity to answer, and the court's scheduling. In Nunavut, the Nunavut Court of Justice operates on a circuit system, with divorce hearings in Iqaluit scheduled at regular intervals and hearings in other communities scheduled as part of the circuit calendar. This can affect how quickly your matter is heard.