Divorce Checklist for Northwest Territories

Under Section 3(1) of the federal Divorce Act (RSC 1985, c 3, 2nd Supp), either you or your spouse must have been ordinarily resident in the Northwest Territories for at least one full year immediately before filing your divorce application. This residency requirement applies uniformly across Canada and is a jurisdictional prerequisite the Supreme Court of the Northwest Territories must confirm before hearing your case. Gather documentary evidence of your NWT residency such as a valid NWT driver's licence, utility bills, property tax assessments, a residential lease agreement, or bank statements showing a Yellowknife or other NWT address for the preceding 12 months. If neither spouse meets this requirement, the court cannot accept jurisdiction, and you must file in the province or territory where one spouse has resided for at least one year. The one-year period must run continuously up to the date your Petition for Divorce is filed at the Supreme Court Registry.

Section 8(1) of the Divorce Act establishes marriage breakdown as the sole ground for divorce in Canada, including the Northwest Territories. You must prove breakdown through one of three statutory bases under Section 8(2): living separate and apart for at least one year, adultery by the other spouse, or physical or mental cruelty by the other spouse that renders continued cohabitation intolerable. The one-year separation ground is by far the most commonly used and easiest to prove. Under Section 8(3)(b), the Act permits a reconciliation attempt of up to 90 days without resetting the separation clock, meaning you can live together briefly to try to save the marriage and still count that time toward your separation period. You may file your Petition for Divorce at any point after separation begins, but the judge will only grant the Divorce Judgment after the full 12 months of separation have elapsed. Document your separation date carefully, as it affects the entire timeline.

The Government of the Northwest Territories operates a free half-day Parenting After Separation Workshop for parents going through separation or divorce. Under Practice Direction dated June 12, 2012, the Supreme Court of the Northwest Territories may require proof of workshop attendance before you can apply for court orders involving parenting arrangements or decision-making responsibility for children. The workshop runs from 9:00 AM to 1:00 PM and covers legal processes including parenting arrangements, access, and child support under the Divorce Act and the NWT Family Law Act (SNWT 1997, c 18). Participants learn about dispute resolution options including mediation and lawyer negotiation, the emotional impact of separation on children, communication strategies with former spouses, conflict reduction techniques, and how to create effective parenting plans. Upon completion, you receive a certificate of attendance that serves as proof for the court. Register at least 24 hours before the workshop by calling 1-877-776-2838 or emailing pasregistration@gov.nt.ca.

The NWT Department of Justice operates a voluntary Family Law Mediation Program providing up to 9 hours of free mediation services for separating couples. Under Section 7.3 of the Divorce Act (as amended in 2021), parties are encouraged to use family dispute resolution processes before proceeding to court. NWT mediation covers parenting arrangements and decision-making responsibility, child support calculations under the Federal Child Support Guidelines, spousal support, parenting plans, and minor division of assets and debts. The program assigns a qualified mediator contracted by the Department of Justice; you cannot select your own mediator. Services are available in person, by telephone, or via video conferencing depending on your community. The process begins with one hour of private pre-mediation with each party, followed by joint sessions. If agreement is reached, the mediator creates a Memorandum of Understanding, which is not legally binding but can be incorporated into a consent court order or separation agreement by your lawyer.

Before filing your Petition for Divorce with the Supreme Court of the Northwest Territories, assemble all documents needed to complete the required forms and substantiate your claims for support, property division, or parenting arrangements. Under Section 21(1) of the Divorce Act, the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage before granting a divorce. The NWT Family Law Act (SNWT 1997, c 18) requires financial disclosure including a Statement of Property for equitable property division proceedings. Section 53(3) of the Family Law Act requires sworn statements relating to family property matters. Collect your original marriage certificate or certified copy, the last three years of Canada Revenue Agency income tax returns and notices of assessment, recent pay stubs, bank statements, mortgage documents, pension statements, RRSP and TFSA records, and any existing separation agreements or prenuptial contracts. If you have children, gather birth certificates and documentation of current parenting arrangements.

Under the Northwest Territories Divorce Rules (NWT Reg 094-94), made pursuant to Section 25 of the Divorce Act, you must complete either Form 2 (Petition for Divorce) if filing alone, or Form 5 (Joint Petition for Divorce) if filing together with your spouse. These revised forms were published on February 25, 2021, under Practice Directive 2 of the Supreme Court of the Northwest Territories to reflect amendments to the federal Divorce Act. The Petition for Divorce requires detailed information about your marriage, date of separation, grounds for divorce, particulars of any children of the marriage, and the relief you are seeking including parenting arrangements, decision-making responsibility, child support under the Federal Child Support Guidelines, spousal support, and property division under the NWT Family Law Act (SNWT 1997, c 18). If claiming support, you must include income information and calculate amounts using the applicable child support tables for the Northwest Territories.

When your divorce involves claims for child support, spousal support, or property division, the NWT Family Law Act (SNWT 1997, c 18) and the Federal Child Support Guidelines (SOR/97-175) require full financial disclosure from both parties. You must prepare a Statement of Property under Part III of the Family Law Act, which details all assets, debts, and the calculation of net family property for equitable division. Section 53(3) of the Act requires a sworn statement relating to family property matters. For child support claims, Section 21 of the Federal Child Support Guidelines mandates disclosure of your income, including your most recent CRA notice of assessment, the last three years of income tax returns, and current pay stubs. If your income fluctuates, you may need to calculate a three-year average. The Application for Child Support under the Federal Child Support Guidelines form and associated data sheets are available from the NWT Courts website. Accurate and complete financial disclosure prevents delays and avoids the court imputing income under Section 19 of the Guidelines.

File your completed Petition for Divorce (Form 2) or Joint Petition (Form 5) along with all supporting documents at the Supreme Court Registry of the Northwest Territories. The primary registry is located on the Third Floor, 4903 – 49th Street, Yellowknife, NT, and is open Monday to Friday from 9:30 AM to 4:00 PM. Additional court registries operate in Hay River and Inuvik. Prepare at least three copies of all documents: one for the court, one for service on your spouse, and one for your own records. You must pay the applicable filing fee under the Court Services Fees Regulations (NWT Reg 120-93), Schedule A, Part 1, Item 1, which covers commencing an action by divorce petition in the Supreme Court. Contact the registry at 867-767-9288 before filing to confirm the current fee amount and verify that your document package is complete. Upon filing, the court electronically transmits your application information to the federal Central Registry of Divorce Proceedings maintained by the Department of Justice Canada to obtain a Clearance Certificate confirming no duplicate proceedings exist.

Under the Northwest Territories Divorce Rules (NWT Reg 094-94), you are not permitted to personally serve your spouse with the divorce documents. You must arrange for another person who is at least 18 years old and literate to deliver the filed Petition for Divorce and all accompanying documents to your spouse. Service options include a friend, family member, or hired private process server. The documents must be delivered in accordance with the rules of service prescribed by the Rules of the Supreme Court of the Northwest Territories (NWT Reg 010-96). After the documents have been successfully delivered, the person who served them must complete and swear an Affidavit of Service, which constitutes the legal proof that your spouse received the papers. This affidavit must then be filed with the Supreme Court Registry. If you cannot locate your spouse, you may apply to the court for an order permitting substitutional service or dispensing with service entirely, though the court requires you to demonstrate reasonable efforts to locate your spouse first.

After your spouse is served, the Northwest Territories Divorce Rules provide the respondent with 25 days to file Form 3 (Answer) or Form 4 (Counter Petition for Divorce) if served within the Northwest Territories, or 30 days if served outside the territory. During this response period, your spouse may accept the terms of your petition, file an Answer disputing your claims or requesting different terms for parenting arrangements, support, or property division, or file a Counter Petition for Divorce seeking their own relief. If the respondent does not file any response within the prescribed deadline, the divorce proceeds as uncontested. You should monitor the court file at the Supreme Court Registry to determine whether a response has been filed. If a Counter Petition is filed, the proceedings become contested and you must file your own response to the counter-claims within the time prescribed by the Rules of the Supreme Court. This is the point where contested divorces diverge significantly from uncontested proceedings in terms of complexity, cost, and timeline.

If the respondent does not file an Answer or Counter Petition within the prescribed response period, you must complete and file Form 6 (Affidavit of the Applicant) with the Supreme Court Registry. This sworn affidavit outlines the facts and circumstances of your marriage, the date and circumstances of your separation, any attempts at reconciliation, the names and birth dates of all children of the marriage, the current parenting arrangements and decision-making responsibility for children, any support obligations or agreements, and confirmation that no collusion, connivance, or condonation exists as required by Section 11(1)(a) of the Divorce Act. The affidavit must be sworn before a commissioner of oaths, notary public, or lawyer. The court requires this comprehensive affidavit to determine whether the grounds for divorce have been established and whether appropriate arrangements exist for the children. Your affidavit must be truthful and complete, as making a false statement in a sworn affidavit constitutes a criminal offence under Section 131 of the Criminal Code.

A judge of the Supreme Court of the Northwest Territories examines your filed documents — the Petition for Divorce, Affidavit of Service, Affidavit of the Applicant, financial disclosure, and the Clearance Certificate from the Central Registry of Divorce Proceedings — and determines whether the statutory requirements for divorce have been met. Under Section 11(1)(b) of the Divorce Act, the judge must be satisfied that reasonable arrangements have been made for the support of any children of the marriage before granting the divorce. Under Section 11(1)(a), the judge must also be satisfied there has been no collusion between the parties and that reasonable steps have been taken to achieve reconciliation where appropriate. For uncontested divorces, the judge reviews the documents without a hearing in most cases. If the judge is satisfied, a Divorce Judgment is issued. The judge may also make corollary relief orders regarding parenting arrangements, child support, spousal support, and property division using Form 7 (Corollary Relief Order) as prescribed by the NWT Divorce Rules.

Under Section 12(1) of the Divorce Act, a Divorce Judgment does not take legal effect until 31 days after the date it is granted. This mandatory 31-day appeal period allows either spouse to appeal the judgment to the Court of Appeal for the Northwest Territories under Section 21 of the Divorce Act. During these 31 days, neither spouse is legally divorced and cannot remarry. If no appeal is filed, the divorce becomes final on the 32nd day. At that point, you may request a Certificate of Divorce from the Supreme Court Registry, which serves as the official legal proof that your marriage has been dissolved and confirms the date the divorce took effect. The Certificate of Divorce is the document you will need for any future legal purposes, including remarriage, updating government identification, changing your name with Service Canada, and notifying the Canada Revenue Agency of your change in marital status. Contact the Supreme Court Registry in Yellowknife at 867-767-9288 to request your certificate.

Once your divorce is final and you have received your Certificate of Divorce, take immediate steps to update your legal records and ensure compliance with any corollary relief orders made by the court. Notify Service Canada, the Canada Revenue Agency, your employer's payroll and benefits department, banks, insurance providers, and any pension administrators of your change in marital status. If the Divorce Judgment includes a Corollary Relief Order (Form 7) for child support, spousal support, parenting arrangements, or property division, both parties must comply with those terms. Under Section 20(1) of the Divorce Act, support orders made under the Act can be registered and enforced by the Maintenance Enforcement Program of the Northwest Territories. If your spouse fails to comply with support obligations, the NWT Maintenance Enforcement Program can intercept federal payments, garnish wages, suspend driver's licences, and take other enforcement actions. For relocation after divorce, Form 8 (Notice of Relocation) must be filed if required under the 2021 amendments to the Divorce Act.