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

To file for divorce in the Northwest Territories, you must file a Petition for Divorce at a Supreme Court registry. Under the federal Divorce Act (RSC 1985, c. 3, 2nd Supp.), s. 3(1), at least one spouse must have been ordinarily resident in the territory for at least one year immediately before the application. The Supreme Court of the Northwest Territories has jurisdiction over all divorce proceedings. You will need your original marriage certificate or registration, copies of any existing court orders or separation agreements, and documents relating to arrangements for children of the marriage. Registry locations include Yellowknife, Hay River, and Inuvik. The Supreme Court Registry in Yellowknife is located on the Third Floor, 4903–49 Street, and is open Monday to Friday from 9:30 AM to 4:00 PM.

You must demonstrate that the marriage has broken down irretrievably under Divorce Act, s. 8(1). Grounds include living separate and apart for at least one year, adultery by the other spouse, or physical or mental cruelty making continued cohabitation intolerable. File the completed Petition for Divorce (Form 2 under the NWT Divorce Rules) along with the required supporting documents at the court registry. You must prepare at least two additional copies — one for service on the respondent and one for your personal records. Electronic filing is not available in the Northwest Territories; all documents must be filed in person or by mail. Contact the registry at 1-867-767-9288 to confirm mailing procedures if you cannot attend in person.

After filing, you must serve the petition on your spouse. Under the NWT Divorce Rules, you cannot personally serve your spouse — you must arrange for someone over 18 years of age who is literate to deliver the documents. The respondent has 25 days to file an Answer (Form 3) or Counter Petition for Divorce (Form 4) if served within the Northwest Territories, or 30 days if served outside the territory. If both spouses agree to the divorce, they may file a Joint Petition for Divorce (Form 5) together, eliminating the need for service and a response period. Where children are involved, the court requires evidence of appropriate parenting arrangements under Divorce Act, s. 16.1, before granting the divorce order.

If no Answer or Counter Petition is filed within the prescribed time, you must provide the court with an Affidavit of the Applicant (Form 6) — a sworn statement outlining the facts of the marriage, date of separation, children of the marriage, and any existing support or parenting arrangements. A Supreme Court judge will review the documents and grant the divorce judgment if satisfied that grounds for divorce exist under Divorce Act, s. 8(2) and that reasonable arrangements have been made for children under s. 11(1)(b). The divorce judgment is then sent to the respondent, who has 30 days to appeal. The judgment becomes final on the 31st day after it is granted, at which point you may request a Certificate of Divorce from the court registry.

The Government of the Northwest Territories offers free Parenting After Separation workshops through the Department of Justice. Under a Supreme Court Practice Direction dated June 12, 2012 (Mandatory Attendance at Parenting After Separation Workshop), the court may require parents to complete this workshop before proceeding with parenting arrangement or decision-making responsibility applications. The half-day workshop (9:00 AM to 1:00 PM) is delivered as a webinar and is open to any adult dealing with separation or divorce. Topics include the effects of separation on children, communication strategies, and dispute resolution. Participants receive a certificate of completion. The workshop is free and available in English and French, with interpretation available for Indigenous and other languages. Register by calling 1-877-776-2838 or emailing pasregistration@gov.nt.ca at least 24 hours before the session. Contact Janet Sibbeston at 1-866-217-8923 for program information.

The NWT Family Law Mediation Program is a voluntary, free service providing up to 9 hours of mediation for parents, guardians, and others with an interest in a child's life who are dealing with separation or divorce. Mediation can address parenting arrangements, decision-making responsibility, child support, spousal support, and minor property division. The program begins with a 1-hour pre-mediation session for each party, followed by joint sessions if both parties agree to proceed. Mediators are neutral facilitators who do not provide legal advice or make decisions. If agreement is reached, the mediator prepares a Memorandum of Understanding that can be formalized into a consent court order. Services are available throughout the Northwest Territories in person, by telephone, or online in English and French, with interpretation for Indigenous languages. Contact: 1-866-217-8923 or email flmp@gov.nt.ca. See Family Law Act (SNWT 1997, c. 18) for the legislative framework governing family dispute resolution.

Under Part II of the Family Law Act (SNWT 1997, c. 18), spouses seeking property division must file a Statement of Property with the court. The Act follows an equalization of net family property model: each spouse calculates their net family property (total value of assets minus debts and excluded property as of the valuation date), and the spouse with the higher net family property pays half the difference to the other spouse. The Act provides the court with powers regarding financial information and inspections under Part II, and parties may be required to disclose all assets, debts, income, and property interests. Under Part III (Support Obligations), the court may order financial statements, employer returns, and access to financial information to determine support entitlements. The Federal Child Support Guidelines (SOR/97-175) also require complete income disclosure, including tax returns, for child support calculations in divorce proceedings.