Divorce Checklist for Saskatchewan

Under section 3(1) of the federal Divorce Act (RSC 1985, c 3, 2nd Supp), at least one spouse must have been ordinarily resident in Saskatchewan for a minimum of one year immediately preceding the filing of the Petition for Divorce. You do not need to have been married in Saskatchewan, and Canadian citizenship is not required — only the one-year residency threshold must be met. Temporary absences from the province do not necessarily break the residency requirement, but the person must demonstrate a genuine connection to Saskatchewan as their home for the full year before filing. Gather documentation proving your Saskatchewan residence, such as a driver's licence, utility bills, lease agreement, or mortgage statement. If both spouses file divorce proceedings in different provinces, the Divorce Act resolves jurisdictional conflicts: the court where the proceeding was first filed retains jurisdiction. The Court of King's Bench for Saskatchewan has exclusive jurisdiction over all divorce proceedings in the province.

Under section 8(2) of the federal Divorce Act, marriage breakdown in Canada can be established in three ways: living separate and apart for at least one year (the most common ground, used by approximately 95% of divorcing couples), adultery by one spouse, or physical or mental cruelty by one spouse making continued cohabitation intolerable. Canada's divorce system is fundamentally no-fault, as the one-year separation ground does not require either spouse to prove wrongdoing. Couples can be considered separated while living under the same roof if they demonstrate they no longer function as a married couple — sharing meals, sleeping arrangements, and social activities as a couple are factors the court examines. The Divorce Act allows for reconciliation attempts of up to 90 days without resetting the one-year separation clock. You may file the Petition before the full year has passed, but the court will not grant the divorce until the one-year period is complete.

Effective July 1, 2022, Saskatchewan requires all parties in contested family law proceedings to attempt a family dispute resolution process before the close of pleadings and before proceeding with further court applications. This province-wide mandate applies to disputes involving parenting arrangements, decision-making responsibility, child support, spousal support, and property division under The Family Law Act (SS 2020, c 2). Acceptable dispute resolution options include family mediation, collaborative law, family arbitration, and parenting coordination. The Dispute Resolution Office with the Ministry of Justice and Attorney General offers low-cost mediation services — contact them at 1-866-257-0927 or DROfamily@gov.sk.ca. If parties cannot reach agreement, the mediator or dispute resolution professional issues a Certificate of Participation, which allows the parties to proceed with litigation. Exemptions may be granted where interpersonal violence has occurred, a child has been abducted, or other urgency exists.

Saskatchewan law requires all parents involved in family law proceedings where decision-making responsibility, parenting time, or child support is an issue to complete the Parenting After Separation (PAS) course before the court will hear their application. This mandatory requirement applies province-wide across all Court of King's Bench locations since the 2008 legislative amendments. The PAS course is free and available online, taking approximately three to four hours to complete. The course covers relationship building, children's coping strategies at different developmental stages, the legal process for separation and divorce, and creating effective parenting plans. Upon completion, you receive a Certificate of Attendance that must be filed with the court. Exemptions exist if you completed the PAS course or an equivalent program within the past two years and have proof, if all parties certify in writing that they have a settlement on all parenting and child support issues, or if you obtain a court order exempting you from attendance.

Before filing your Petition for Divorce, assemble all critical personal, financial, and legal documents. You will need your original marriage certificate or a certified copy — if married in Saskatchewan, order one from the Vital Statistics office; if married outside Saskatchewan, contact the jurisdiction where the marriage took place. Collect complete financial records including three years of income tax returns and Notices of Assessment from the Canada Revenue Agency, current pay stubs covering six months, and bank statements for all accounts. Compile documentation for all assets and debts, including real estate valuations, vehicle registrations, RRSP and TFSA statements, pension documentation, and credit card statements. If children are involved, gather their birth certificates, health card information, current school enrolment records, and any existing parenting arrangements. Organize information about monthly living expenses, insurance policies, and any prenuptial or cohabitation agreements. Having these documents ready before filing significantly reduces delays in the divorce process.

Choose the appropriate form based on your situation: Form 15-1 (Petition for Divorce) for a sole filing, or Form 15-2 (Joint Petition for Divorce) if both spouses agree and file together. The Joint Petition (Form 15-2) is the most common path for uncontested divorces because it eliminates the requirement to serve your spouse. Your Petition must include essential details: full names and addresses of both spouses, date and place of marriage, date of separation, grounds for divorce (typically one-year separation under section 8(2) of the Divorce Act), and any claims for parenting arrangements, decision-making responsibility, child support, spousal support, or property division under The Family Property Act (SS 1997, c F-6.3). If child or spousal support is requested, you must also complete the Financial Statement (Form 15-26). If property division is claimed, complete the Property Statement (Form 15-26B). Saskatchewan's Self-Help Divorce Kit provides instructions and fillable forms through the Court of King's Bench.

File your completed Petition for Divorce with the Court of King's Bench nearest your residence or your child's residence. The filing fee is CAD $200 for a Joint Petition or CAD $300 for a contested (sole) Petition. Payment is typically accepted by cash, certified cheque, or debit card — confirm accepted methods with your local courthouse. Upon filing, the court assigns a court file number, stamps your documents, and electronically sends your information to the Central Registry of Divorce Proceedings in Ottawa to obtain a Clearance Certificate, which confirms no other divorce proceedings are pending in Canada for either spouse. The court cannot grant your divorce until the Clearance Certificate has been received, a process that typically takes 4 to 8 weeks. You may file electronically through Saskatchewan's e-Court portal at https://ecourt.sasklawcourts.ca/ where available. Retain multiple copies of all filed documents — the court requires the original plus copies for your records and for service on your spouse.

If your Petition includes claims for child support, spousal support, or property division, you must file a Financial Statement (Form 15-26) and, if claiming property division, a Property Statement (Form 15-26B). The Financial Statement requires a comprehensive sworn account of your income, monthly expenses, assets, and debts. Under The Family Property Act (SS 1997, c F-6.3), family property is presumptively divided equally between spouses, with exempt property including assets brought into the marriage — except the family home and household goods. The Property Statement must be filed within 10 days of the issue of the Petition. When the respondent is served with a Petition containing a property claim, they must serve and file a Property Statement within the same timeframe as their Answer, whether or not they file one. If both parties have agreed on all financial terms and property division, they may file a Waiver of Financial and Property Statements (Form 15-28A) to bypass detailed disclosure. Full and honest disclosure is mandatory — providing incomplete or misleading information can result in court penalties and agreements being set aside.

If you filed a sole Petition (Form 15-1), you must personally serve the Respondent with the filed Petition and all accompanying documents. Under the King's Bench Rules, personal service must be carried out by a person other than the Petitioner — typically a process server, sheriff, or any adult who is not a party to the proceeding. The Respondent must receive the original filed documents directly. After successful service, the person who served the documents must complete an Affidavit of Service (Form 15-9) confirming the date, time, location, and method of service. If the Respondent cannot be located after diligent efforts, you may apply to the court for an order for substituted service (such as service by email, social media, or publication). If you filed a Joint Petition (Form 15-2), this step is not required because both parties have already signed the Petition. Personal service within Saskatchewan gives the Respondent 20 days to file an Answer.

After the Respondent is served with the Petition, they have a defined period to file an Answer (Form 15-5) with the Court of King's Bench. Under the King's Bench Rules, the response deadline depends on where service was effected: 20 days if served within Saskatchewan, 30 days if served elsewhere in Canada or the United States, and 40 days if served outside Canada and the United States. The Respondent may also file a Notice of Intent to Defend (Form 3-15B) within these deadlines, which extends the time to file their Answer by an additional 10 days. If the Respondent does not file an Answer within the applicable deadline, the divorce becomes uncontested and you may proceed to apply for judgment on the documents without a court hearing. If the Respondent files an Answer disagreeing with your requests, the matter becomes contested and proceeds through case management, pre-trial conferences, and potentially trial. The Respondent may also file a Counter-Petition seeking their own relief.

Once the response period has expired without an Answer being filed (or if you filed a Joint Petition), prepare your Application for Judgment in Uncontested Family Law Proceeding (Form 15-76A). This application asks the judge to review your file and grant the divorce without a court hearing — a process called a desk review or chambers review. You must also prepare and file an Affidavit of Applicant providing sworn evidence of your marriage, separation, residency, and grounds for divorce, along with a draft Judgment for Divorce (Form 15-61) for the judge to sign if satisfied. The filing fee for the Application for Judgment is CAD $95. The court requires the Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa before the judge will review the file — this typically takes 4 to 8 weeks from your initial filing date. If children are involved, your PAS Certificate of Attendance must be on file. Include stamped, self-addressed envelopes so the court can mail the signed Judgment back to you.

If the judge reviewing your file is satisfied that all legal requirements are met, the judge signs the Judgment for Divorce (Form 15-61) and the court mails it to you using the stamped, self-addressed envelopes you provided. The divorce does not take effect immediately — under section 12(1) of the Divorce Act, the divorce becomes effective on the 31st day after the date the Judgment is signed, creating a mandatory 31-day appeal period during which either spouse may appeal the decision. Neither spouse is free to remarry during this appeal period. If no appeal is filed, the divorce is final on the 31st day. Parties may jointly waive the appeal period under section 12(2) of the Divorce Act if they wish to have the divorce take effect immediately — this is rare and requires both spouses to sign the waiver. The court processes the Judgment and updates the Central Registry of Divorce Proceedings in Ottawa. Expect 2 to 4 weeks for the court to process the Judgment and return it to you.

After the 31-day appeal period has passed and no appeal has been filed, you may request a Certificate of Divorce from the Court of King's Bench where your divorce was granted. The Certificate of Divorce is the official government document proving your divorce is final and is required if you wish to remarry. The fee for a certified copy of the Certificate of Divorce is CAD $10. You may be required to provide photo identification to access your court file. Contact the courthouse where your divorce was filed to request the certificate — processing times vary but typically take 1 to 3 weeks. In exceptional circumstances, a Local Registrar can fax a Certificate of Divorce to another court location for certification. Store your Certificate of Divorce securely alongside your Judgment for Divorce — these are the two key documents proving the dissolution of your marriage. Update your legal records including your will, beneficiary designations, insurance policies, pension beneficiaries, and any joint financial accounts to reflect your new marital status.