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

To file for divorce in Nova Scotia, you must commence proceedings in the Supreme Court of Nova Scotia (Family Division) under Civil Procedure Rule 59. You or your spouse must have been ordinarily resident in Nova Scotia for at least one year immediately preceding the application, as required by section 3(1) of the Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.)). The sole ground for divorce is breakdown of marriage, established by one year of separation under section 8(2)(a) or cruelty under section 8(2)(b). Nova Scotia offers three methods: a Petition for Divorce (Form 59.09) for contested cases, an Application for Divorce by Written Agreement (Form 59.45) when both spouses agree but only one applies, or a Joint Application for Divorce (Form 59.46) when both spouses apply together.

The filing fee for an uncontested Application for Divorce or Joint Application is CAD $218.05, plus a $25 law stamp and HST, totaling approximately $291.55 under the Costs and Fees Act (Nova Scotia). A contested Petition for Divorce costs $320.30 to file. An additional $10 Government of Canada processing fee applies to all divorce applications under section 12 of the Central Registry of Divorce Proceedings Regulations (SOR/86-600). Low-income applicants may apply for a fee waiver by submitting a waiver application form with proof of income such as pay stubs, benefit statements, or recent tax returns. All forms must be printed on plain white letter-sized paper, single-sided, and filed in person at the courthouse — Nova Scotia does not offer electronic filing for divorce proceedings.

Financial disclosure is mandatory when children of the marriage are involved, regardless of whether the divorce is contested or uncontested. The paying spouse must file a Statement of Income (Form FD3) with three years of income tax returns and Notices of Assessment from the Canada Revenue Agency under Rule 59.22 of the Civil Procedure Rules and the Federal Child Support Guidelines (SOR/97-175). If claiming special or extraordinary expenses under section 7 of the Federal Child Support Guidelines, both spouses must file a Statement of Expenses (Form FD6). Spouses without dependent children who agree on all support and property issues may file a Waiver of Financial Statements (Form FD11) instead. After filing, the applicant must arrange personal service of documents on the other spouse through a process server or bailiff — you cannot deliver documents yourself.

The Parenting Information Program (PIP) is mandatory for most applications involving children under Civil Procedure Rule 59.17. Both parents must complete PIP, which is available online or virtually through Microsoft Teams. The program covers the impact of parental conflict on children, effective communication strategies, and types of parenting arrangements and decision-making responsibility. Failure to complete PIP when required may result in consequences including having to repeat the program or delays in your proceeding. After all documents are filed and served, uncontested matters are referred directly to a judge for review without a hearing. The divorce takes effect 31 days after the date of the Divorce Order under section 12(1) of the Divorce Act, and either party may then request a Certificate of Divorce from the court.

The Parenting Information Program (PIP) is mandatory for most applications involving children filed in the Supreme Court (Family Division) under Civil Procedure Rule 59.17. Both parents must complete the program, which covers the impact of parental conflict on children, effective communication between separated parents, dispute resolution options, types of decision-making responsibility and parenting arrangements, and child development stages. PIP is available in two formats: online (self-paced through a web link) or virtual (live sessions via Microsoft Teams accessible by internet or phone). Parents attend separate sessions — you will not attend with the other parent. The program is free of charge. Failure to complete PIP when required may result in consequences including being required to repeat the module or attend a virtual session. For more information, contact the program at 902-424-7509 or email divorceworkshop@novascotia.ca.

Mediation is voluntary in Nova Scotia — neither spouse can be compelled to participate under Civil Procedure Rule 59. However, the Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.)), section 7.3 requires legal professionals to encourage parties to use family dispute resolution processes, including mediation, to resolve matters outside of court. Court-connected mediation services may be available through the Supreme Court (Family Division) for parties with active court applications. Conciliation, a distinct process, may be mandatory for certain non-divorce family applications — the conciliator helps parties identify issues, ensures proper document filing, reduces conflict, and facilitates negotiation. Conciliation is free for unrepresented parties in non-divorce cases. Mediation is not appropriate where there is a history of domestic violence or a significant power imbalance between parties. Private mediators are also available, though mediators are not regulated in Nova Scotia and there is no governing body overseeing standards or practices.

Financial disclosure is mandatory in all divorce proceedings involving children of the marriage under Rule 59.22 of the Civil Procedure Rules of Nova Scotia and the Federal Child Support Guidelines (SOR/97-175), regardless of whether the divorce is contested or uncontested, and even when both spouses agree on child support amounts. The spouse required to pay child support must file a Statement of Income (Form FD3) with the following attachments: three years of income tax returns and Notices of Assessment or Reassessment from the Canada Revenue Agency, and two recent pay stubs or other official documents showing current year-to-date income. Self-employed individuals must provide three most recent completed tax returns with all attachments or three most recent financial statements of their business. If claiming special or extraordinary expenses under section 7 of the Federal Child Support Guidelines, both spouses must file a Statement of Expenses (Form FD6). Spouses with no dependent children who agree on all spousal support and property division issues may file a Waiver of Financial Statements (Form FD11) to exempt themselves from financial disclosure requirements.