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

To file for divorce in Nunavut, you must commence proceedings in the Nunavut Court of Justice, Canada's only unified single-level trial court. Under section 3(1) of the Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)), at least one spouse must have been ordinarily resident in Nunavut for a minimum of one year immediately before filing. The sole ground for divorce is marriage breakdown, proven by one year of separation, adultery, or physical or mental cruelty under section 8(2) of the Divorce Act. You will need your original marriage certificate or registration, copies of any existing court orders or separation agreements, and completed divorce forms available from the Nunavut Courts website.

For a sole petition, complete Form 1 (Petition for Divorce) and Form 2 (Notice to Respondent) under the Nunavut Divorce Rules (R-015-2021). File the originals with the Court Registry in Iqaluit at the Nunavut Justice Centre, Building 510, and retain one copy for your records. Pay the required court filing fee as set by the Court Fees Regulations (R-042-2021) under the Judicature Act. The Registry accepts filings Monday through Friday, 9:00 AM to 12:00 PM and 1:00 PM to 4:00 PM. Documents may also be emailed to NCJ.civil@gov.nu.ca. For a joint petition where both spouses agree, file Form 7 (Joint Petition for Divorce) instead.

After filing, you must serve your spouse with a copy of all filed documents. Under the Nunavut Divorce Rules, service must be performed by a person over 18 who is not a party to the proceedings. The server must then complete Form 3 (Affidavit of Service) before a commissioner of oaths. If claiming spousal support, child support, or property division, both parties must file Form 8 (Financial Statement) and Form 9 (Statement of Property), disclosing all income, expenses, assets, and debts as required under Part III of the Family Law Act (CSNu, c F-30). Net family property equalization follows sections 35-36 of the Family Law Act.

For an uncontested divorce, file Form 11 (Request for Divorce Without Oral Hearing) along with Form 12 (Affidavit of Applicant) — or Form 13 for joint petitions — swearing to the facts of marriage breakdown and confirming no collusion or connivance under section 11(1) of the Divorce Act. The court may grant the divorce on written materials alone without requiring an in-person hearing. The divorce judgment takes effect 31 days after the date it is pronounced, per section 12(1) of the Divorce Act. After this appeal period expires, request Form 17 (Certificate of Divorce) to obtain your official proof that the marriage has been legally dissolved. The Nunavut Court Registry can be reached at (867) 975-6100 or toll-free at 1-866-286-0546.

Nunavut does not mandate parenting classes as a prerequisite for divorce proceedings. The Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) requires courts to satisfy themselves that reasonable arrangements have been made for child support before granting a divorce under section 11(1)(b), but no territorial regulation requires completion of a parenting education program. The Government of Nunavut's Family Mediation Program (Inuusirmut Aqqusiuqtiit) offers voluntary support for developing parenting plans. The court may recommend or order mediation through this program to help parents reach agreements on parenting arrangements and decision-making responsibility, but formal parenting classes are not legislatively required.

Nunavut offers a free Family Mediation Program (Inuusirmut Aqqusiuqtiit) through the Department of Justice, available to all communities in the territory. The mediator assists families with parenting plans, parenting arrangements, access, and child support both before, during, and after separation. Under section 9(2) of the Divorce Act, legal advisors have a duty to inform clients about mediation services, and section 10(2) requires the court to adjourn proceedings to allow parties to attempt mediation where appropriate. The mediator conducts individual safety screening sessions with each party before joint sessions to address any history of family violence. Mediation is voluntary and available regardless of whether a court application has been filed. Contact the Family Mediation Coordinator at (867) 975-6364 in Iqaluit, located at the Allavik Building, 1106 – 4th Floor, Ikaluktuutiak Drive. More information is available at gov.nu.ca.

Both parties in a Nunavut divorce must file Form 8 (Financial Statement) under the Nunavut Divorce Rules (R-015-2021), providing a sworn disclosure of all income, expenses, assets, and liabilities. The Financial Statement must be signed before a person authorized to take affidavits under the Evidence Act. When property division is at issue, Form 9 (Statement of Property) must also be filed, detailing family property and excluded property for net family property calculations under Part III (sections 33-36) of the Family Law Act (CSNu, c F-30). The equalization of net family properties follows section 36 of the Family Law Act, which provides for equal division with judicial discretion to vary entitlement. The court may issue orders restraining depletion of property under section 29 or orders for sale under section 30 to prevent dissipation of assets during proceedings. The financial disclosure obligation is ongoing — parties must update their statements if circumstances change materially before judgment.