Divorce Checklist for Nunavut

Under section 3(1) of the federal Divorce Act (RSC 1985, c 3, 2nd Supp), at least one spouse must have been habitually resident in Nunavut for a minimum of one full year immediately before filing the Petition for Divorce with the Nunavut Court of Justice. Nunavut operates a unified court system — the Nunavut Court of Justice handles all divorce matters as both a superior and lower court, making it unique in Canada. You do not need to wait until the full year of separation has passed to begin preparing your documents, but the court will not grant a divorce judgment until the 12-month separation period under section 8(2)(a) of the Divorce Act is complete. Gather proof of Nunavut residency such as a valid Nunavut driver's licence, territorial health care card, utility bills, lease agreements, or employment records showing your address within the territory for at least 12 consecutive months.

The Divorce Act (RSC 1985, c 3, 2nd Supp) recognizes one ground for divorce — marriage breakdown — which can be established three ways under section 8(2). The most common method is one year of living separate and apart under section 8(2)(a). You may file the Petition for Divorce before the full year has elapsed, but the court will not grant the divorce judgment until 12 months of separation are complete. The separation must be uninterrupted, although section 8(3)(b)(ii) permits reconciliation attempts of up to 90 consecutive days without restarting the clock; living together for 91 or more days resets the 12-month period. The second ground is adultery under section 8(2)(b)(i), which requires proof by affidavit admission, examination for discovery, or circumstantial evidence. The third ground is physical or mental cruelty under section 8(2)(b)(ii), which must be sufficiently grave and weighty to render continued cohabitation intolerable.

The Government of Nunavut offers a free Family Mediation Program (Inuusirmut Aqqusiuqtiit) through the Department of Justice that provides an alternative to the court process when parents separate or divorce. While mediation is not mandatory in Nunavut, the program combines Western mediation techniques with traditional Inuit approaches to problem-solving and is available to all communities across the territory. A family mediator assists parents with developing parenting plans, decision-making responsibility arrangements, parenting time schedules, and child support matters. The mediator conducts individual meetings with each party before bringing both together, screening for any history of past or present violence. Mediation sessions are confidential and separate from the judicial process (closed mediation). The program is available whether or not you have a lawyer or an active court application, and can help resolve disputes before, during, or after separation proceedings.

You must file an original or certified copy of your marriage certificate or marriage registration with the Nunavut Court of Justice when you submit your Petition for Divorce. If you were married in Nunavut or the Northwest Territories, request a certified copy from the Office of the Registrar General of Vital Statistics for the territory where the marriage was registered. If married in another Canadian province, contact that province's vital statistics office. For marriages that took place outside Canada, you will need an official certificate from the country where the marriage occurred, along with a certified English or French translation if the original is in another language. Under section 8(1) of the Divorce Act, the court must be satisfied that the marriage is legally valid before granting a divorce. Processing times for replacement certificates vary by jurisdiction, so request yours well in advance of filing.

Under the Nunavut Divorce Rules (R-015-2021), where there are dependent children or where the Petition for Divorce includes a claim for spousal support, both parties must complete and exchange a Financial Statement (Form 8) and a Statement of Property (Form 9). These forms require comprehensive disclosure of all income, expenses, assets, debts, and property interests. The Family Law Act (CSNu, c F-30) governs property division in Nunavut and requires full and frank financial disclosure to ensure equitable outcomes. Begin gathering at least three years of income tax returns and notices of assessment, recent pay stubs, bank and investment account statements, pension and RRSP/RRIF statements, real property valuations, vehicle registrations, mortgage documents, credit card statements, and loan documentation. Failure to provide complete financial disclosure can result in adverse inferences by the court and potential setting aside of any agreement reached.

Before filing your Petition for Divorce, consult with a Nunavut family law lawyer to understand your rights regarding parenting arrangements, child support, spousal support, and property division under both the federal Divorce Act and the Family Law Act (CSNu, c F-30). The Law Society of Nunavut operates a lawyer referral service that can connect you with a family law practitioner. If you cannot afford a lawyer, the Legal Services Board of Nunavut provides legal aid for family law matters including parenting arrangements, child and spousal support, property division, and divorce when tied to support or parenting issues. Three regional legal aid clinics serve Nunavut: Maliiganik Tukisiiniakvik in Iqaluit at (867) 975-5377, Kivalliq Legal Services in Rankin Inlet at (867) 645-2536, and Keewatin Legal Services. Financial eligibility is based on household income minus expenses, with flexible guidelines that account for Nunavut's high cost of living.

Complete Form 1-2 (Petition for Divorce) from the Nunavut Court of Justice divorce forms page at https://www.nunavutcourts.ca/index.php/forms/category/145-divorce-forms. The Petition must include your grounds for divorce under section 8(2) of the Divorce Act, a sworn statement that there has been no collusion or connivance between you and your spouse, and any claims for corollary relief including parenting arrangements (decision-making responsibility and parenting time), child support under the Federal Child Support Guidelines (SOR/97-175), spousal support, and property division under the Family Law Act (CSNu, c F-30). The Petition includes a Notice to Respondent that informs your spouse of the proceeding and their right to file an Answer. If both spouses agree to the divorce and all terms, you may instead complete Form 7 (Joint Petition for Divorce), which is simpler, faster, and less expensive than a sole petition. Make at least two copies of all completed forms.

If filing a sole petition, prepare Form 12 (Affidavit of Applicant), which is your sworn evidence supporting the Petition for Divorce and establishing the grounds for marriage breakdown. If filing jointly, prepare Form 13 (Affidavit of Applicant — Joint Petition) instead. Both affidavits must be sworn before a commissioner for oaths, notary public, or other person authorized under the Evidence Act. Where the divorce involves dependent children or claims for support, complete Form 8 (Financial Statement) detailing all income, expenses, assets, and liabilities, and Form 9 (Statement of Property) listing all real and personal property. The Financial Statement must be delivered to the opposite party within 30 days after the close of pleadings under the Nunavut Divorce Rules (R-015-2021). If claiming child support, attach the Federal Child Support Guidelines worksheet showing the payor's income and the applicable table amount.

File the original Petition for Divorce (Form 1-2 or Form 7) along with all supporting documents at the Nunavut Court of Justice Registry in Iqaluit. The Clerk will issue the Petition by signing it and affixing the seal of the court under the Nunavut Divorce Rules (R-015-2021). You must pay the applicable court filing fee at the time of filing — contact the Registry at (867) 975-6100 or toll-free 1-866-286-0546 to confirm the current fee amount and accepted payment methods, as the fee schedule is governed by the Court Fees Regulations (R-042-2021). Keep one complete copy of all filed documents for your records and retain a second copy for service on the respondent. The court may accept filings by mail in certain circumstances, but you should contact the Registry directly to verify this option and obtain specific mailing instructions before sending documents. Filing initiates the divorce proceeding and establishes the court's jurisdiction.

Under the Nunavut Divorce Rules (R-015-2021), the Petition for Divorce and Notice to Respondent must be personally served on the respondent by an adult person other than the petitioner. Service must be completed within one year after the Petition is issued by the court, or within any further time the court may allow. The person effecting service must identify the respondent and deliver a complete copy of all filed documents. Alternatively, service may be effected on the respondent's solicitor if the solicitor accepts service and undertakes to file an Answer, Demand of Notice, or to appear. If the respondent cannot be located, you may apply to the court for an order for substituted service or for dispensing with service entirely. No order for service ex juris is required when serving the Petition anywhere within Canada. After service is completed, the person who served the documents must swear and complete Form 3 (Affidavit of Service), confirming the identity of the person served and their mailing address.

After being served with the Petition for Divorce, the respondent has a specific number of days to file an Answer (Form 4), a Counter Petition (Form 5), or a Demand of Notice (Form 6) with the Nunavut Court of Justice. Under the Nunavut Divorce Rules (R-015-2021), the respondent must deliver their response within 25 days if served within Nunavut, within 30 days if served elsewhere in Canada, or within such time as the court may fix if served outside Canada. A respondent who wishes to oppose the divorce or seek relief files an Answer (Form 4). A respondent seeking affirmative relief files an Answer with Counter Petition (Form 5). A respondent who does not oppose but wants notice of hearings files a Demand of Notice (Form 6). If the respondent fails to file any response within the deadline, they lose the right to notice of subsequent proceedings, and the petitioner may proceed to seek an uncontested divorce judgment.

Under the Nunavut Divorce Rules (R-015-2021), where there are dependent children or where a Petition for Divorce or Counter Petition includes a claim for support, both parties must exchange Financial Statements (Form 8) within 30 days after the close of pleadings. The Financial Statement must be sworn before a person authorized to take affidavits and must include complete details of income, expenses, assets, and liabilities. Additionally, if property division is claimed under the Family Law Act (CSNu, c F-30), both parties must complete a Statement of Property (Form 9) listing all real and personal property acquired during or before the marriage. Child support calculations must follow the Federal Child Support Guidelines (SOR/97-175), which use the payor parent's annual income and the applicable table amount for the number of children. Spousal support is determined based on factors including length of marriage, roles during marriage, and each spouse's financial circumstances under section 15.2 of the Divorce Act.

After pleadings close and financial disclosure is exchanged, the court may schedule a case conference to identify issues, explore settlement, and establish a procedural timetable. Many Nunavut divorces are resolved through negotiation or mediation without a trial. The Government of Nunavut's free Family Mediation Program at (867) 975-6364 can assist with reaching agreements on parenting arrangements, child support, spousal support, and property division. If the parties reach a settlement on all issues, a separation agreement or consent order can be filed with the court. Under 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 under section 11(1)(b). The court also has a duty under section 9(2) to satisfy itself that there is no possibility of reconciliation before granting the divorce, and may adjourn proceedings to allow the spouses to attempt reconciliation with the assistance of a counsellor or other professional.

If the divorce is uncontested — meaning the respondent has not filed an Answer opposing the divorce, or the parties have reached a settlement on all issues — you may apply for a divorce without an oral hearing by filing Form 11 (Request for Divorce Without Oral Hearing) along with Form 12 or Form 13 (Affidavit of Applicant). The court will review the file and, if satisfied that the grounds for divorce are established, that reasonable arrangements exist for the children, and that there is no possibility of reconciliation, the judge will sign Form 14 (Divorce Judgment Without Oral Evidence) or Form 15 (Divorce Judgment). If the case is contested, the matter will proceed to trial before a judge of the Nunavut Court of Justice. Under section 12(1) of the Divorce Act, the divorce takes effect on the 31st day after it is granted, creating a 31-day appeal period. Neither party may legally remarry until the divorce takes effect.

After the 31-day appeal period has expired without an appeal being filed, the divorce becomes legally effective under section 12(1) of the Divorce Act. You may then request a Certificate of Divorce by filing Form 17 (Request for a Certificate of Divorce) with the Nunavut Court of Justice Registry. The Certificate of Divorce is the official document confirming that your marriage has been legally dissolved and the date the divorce took effect. While obtaining a Certificate of Divorce is not strictly necessary to finalize the divorce — the divorce is effective automatically on the 31st day — the certificate serves as essential proof of divorce status for future legal matters including remarriage, name changes, immigration applications, pension division, and updating identification documents. The Certificate of Divorce is issued by the court registry and can be requested at any time after the divorce takes effect.