Divorce Resources in Manitoba: Court Forms, Legal Aid & Filing Guide

To file for divorce in Manitoba, you must commence proceedings in the Court of King's Bench (Family Division) under section 8 of the Divorce Act (R.S.C., 1985, c. 3). You must have been separated for at least one year, or establish grounds of adultery or cruelty. File a Petition for Divorce (Form 70A) or, if both spouses agree on all terms, a Joint Petition (Form 70A.1) with a Joint Petitioner Affidavit (Form 70M.1). The filing fee is CAD $200, which includes a Central Divorce Registry search. Payment is accepted by certified cheque, bank draft, money order payable to the Minister of Finance, law firm cheque, or cash, debit, or credit card in person. You must file at the Court of King's Bench registry in Winnipeg, Brandon, Portage la Prairie, Dauphin, The Pas, Thompson, or Flin Flon.

After filing, you must serve the petition on your spouse under Court of King's Bench Rules, Rule 70.04. The respondent has 20 days to file an Answer (Form 70J) if served in Manitoba, or 40 days if served elsewhere in Canada. If the petition includes claims for child support, spousal support, or property division, both parties must file a Financial Statement (Form 70D) under Rule 70.07 and, for child support claims, an affidavit with income documents required by section 21 of the Manitoba Child Support Guidelines Regulation. If property division is claimed, both parties must exchange Comparative Family Property Statements (Form 70D.5) before proceeding to a triage conference.

Under Manitoba's Family Division Triage Model, effective February 1, 2019, parties must complete all prerequisites before meeting with a judge at a triage conference. These prerequisites include completing the "For the Sake of the Children" parenting program if parenting arrangements are in issue, attempting family dispute resolution under section 2 of The Family Law Act (C.C.S.M. c. F20), and filing all required financial disclosure documents. If uncontested, the petitioner files an Affidavit of Petitioner's Evidence (Form 70M) and the court may grant the divorce without a hearing. The divorce judgment takes effect on the 31st day after the date it is granted under section 12 of the Divorce Act, at which point a Certificate of Divorce (Form 70P) may be obtained.

Manitoba requires all parents involved in parenting disputes to complete the "For the Sake of the Children" parent education program before the court will hear their case. This mandatory requirement has been in effect since May 15, 2007, under the Court of King's Bench Rules, Rule 70. The program consists of four online modules taking approximately four hours to complete. Parents learn about the court process, the effects of separation on children, and how to create a parenting plan. Each parent must file an Acknowledgment of Completion form with the court.

Exemptions are available under limited circumstances: if one parent lives outside Manitoba, the parties have reached a full agreement on parenting terms, there is no response to the petition, the parent completed the program within the three years before the petition was filed, or the parent completed a similar program in another jurisdiction. Failure to complete the program may result in sanctions by the Master, including costs awards, refusal to consider the non-compliant party's evidence, striking of pleadings, or adjournment or dismissal of the proceeding.

Under section 2 of The Family Law Act (C.C.S.M. c. F20), which came into force on July 1, 2023, both parties have a statutory duty to attempt to resolve family law matters through a family dispute resolution process before proceeding to court. This includes negotiation, mediation, collaborative law, and family arbitration. Every document that commences or responds to a proceeding under the Act must contain a certification that the party is aware of this duty.

Manitoba's Family Division Triage Model, in effect since February 1, 2019, requires parties to have attempted to resolve issues in dispute before attending a Triage Conference. The court considers whether parties have engaged in mediation, settlement meetings, or four-way meetings with lawyers. The Family Resolution Service, operated by the Province of Manitoba, provides free mediation services for separating couples, parents, and grandparents. Contact the Family Resolution Service at 204-945-2313 or toll-free 1-844-808-2313, or email getguidance@gov.mb.ca. Under section 41 of The Court of King's Bench Act, a judge may also refer issues to a designated mediator at any stage of the proceeding.

Financial disclosure is mandatory in all Manitoba family proceedings involving child support, spousal support, or property division. Under Court of King's Bench Rules, Rule 70.07, both parties must file a Financial Statement (Form 70D) setting out Annual Income, Monthly Expenses, Assets of Both Parties, and Debts of Both Parties. The Financial Statement must be sworn and filed within the time set for filing an Answer.

For child support claims, an additional affidavit with income documents is required under section 21 of the Manitoba Child Support Guidelines Regulation, including three years of income tax returns, recent pay stubs, and an employer letter confirming income. When property division is in issue, both parties must exchange Comparative Family Property Statements (Form 70D.5) as a prerequisite under the Family Division Triage Model before proceeding to a triage conference. A party may demand financial information using Form 70D.1; the responding party must comply within 30 days (in Canada or the United States) or 60 days (elsewhere). Under Rule 70.09(4), the Master may impose sanctions for failure to provide financial disclosure, including costs, adverse inferences, or striking pleadings. The Province of Manitoba also provides a free online Financial Disclosure Tool at gov.mb.ca/familylaw.