Divorce Resources in Saskatchewan

To file for divorce in Saskatchewan, you must file either a Petition for Divorce (Form 15-1) for a sole application or a Joint Petition for Divorce (Form 15-2) if both spouses agree, with the Court of King's Bench. 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 Saskatchewan for a minimum of one year before filing. The sole ground for divorce is marriage breakdown, most commonly established by one year of separation under section 8(2)(a) of the Divorce Act. The filing fee is CAD $300 for a contested divorce petition or CAD $200 for an uncontested petition or other family law proceeding. All forms are available through the Self-Help Divorce Kit from the Saskatchewan Courts website.

Before filing any contested family law application, Saskatchewan requires participation in a mandatory Early Family Dispute Resolution (EFDR) process under Part 15 of the King's Bench Rules and The Miscellaneous (Family Dispute Resolution) Amendment Act, 2017 (Bill 98). Acceptable dispute resolution options include mediation, arbitration, parenting coordination, or collaborative law. If resolution is not reached, the mediator or dispute resolution professional issues a Certificate of Participation, which must be filed with the court before litigation may proceed. The Dispute Resolution Office of the Ministry of Justice and Attorney General offers low-cost mediation options. Contact the office at 1-866-257-0927 or DROfamily@gov.sk.ca for available services. Exemptions exist for cases involving domestic violence or child abduction.

When decision-making responsibility, parenting time, or child support is at issue, both parents must complete the mandatory Parenting After Separation (PAS) course before proceeding. The petitioner must file a Certificate of Attendance before taking any further steps in the proceeding. The PAS course is available online and takes approximately three to four hours to complete. Registration is through the Ministry of Justice at 1-888-218-2822. If spousal support or child support is claimed, each party must file a Financial Statement (Form 15-26) detailing income, expenses, assets, and debts. When family property division is at issue under The Family Property Act, S.S. 1997, c. F-6.3, a Property Statement with Schedule A is required unless parties file a Waiver of Financial and Property Statements (Form 15-28A).

After filing, the court sends your documents to the Central Registry of Divorce Proceedings in Ottawa, which issues a Clearance Certificate confirming no duplicate proceedings exist across Canada. This process typically takes four to eight weeks. For sole petitions, the respondent must be personally served with the petition and supporting documents. For joint petitions, no service is required because both spouses sign the petition. Once the Clearance Certificate is received, you file an Application for Judgment along with your Affidavit of Applicant, the draft Judgment for Divorce (Form 15-61), and all supporting documents. A judge reviews the file in chambers without a hearing for uncontested matters. The divorce becomes effective 31 days after the judgment under section 12(1) of the Divorce Act. A certified copy of the Divorce Order costs CAD $10.

Saskatchewan mandates the Parenting After Separation (PAS) course for all family law proceedings where decision-making responsibility, parenting time, or child support is at issue. The petitioner must complete the PAS course and file a Certificate of Attendance with the court before taking any further steps in the proceeding. The course is available online and takes approximately three to four hours. Failure to complete the course may result in the court striking the non-compliant party's pleadings, refusing submissions, or ordering completion within a specified time. Exemptions apply when seeking an emergency restraining order involving domestic violence or child abduction. Register by calling 1-888-218-2822. A separate Parenting After Separation for Families in High Conflict (PASHC) course may be ordered by the court in high-conflict cases. The legislative authority is Part 15 of the King's Bench Rules.

Since July 1, 2022, Saskatchewan requires mandatory participation in an Early Family Dispute Resolution (EFDR) process before filing a contested family law application. Under The Miscellaneous (Family Dispute Resolution) Amendment Act, 2017 (Bill 98) and Part 15 of the King's Bench Rules, parties must participate in family mediation, arbitration, parenting coordination, or collaborative law before proceeding to court. If resolution is not achieved, the dispute resolution professional issues a Certificate of Participation that must be filed with the court. Mediators must meet qualifications set out in Section 3-1 of the King's Bench Regulations, including membership in the Law Society of Saskatchewan or ADR Institute of Saskatchewan and a minimum of 80 hours of mediation training. The Dispute Resolution Office of the Ministry of Justice offers low-cost mediation. Contact: 1-866-257-0927 or DROfamily@gov.sk.ca. More information: saskatchewan.ca.

Under Part 15 of the King's Bench Rules, parties in Saskatchewan family law proceedings must provide comprehensive financial disclosure. When child support or spousal support is claimed, each party must file a Financial Statement (Form 15-26) — a sworn document detailing income, monthly expenses, assets, and liabilities. A Canada Revenue Agency Consent (Form 15-57B) is also required for disclosure of tax returns and assessments for the past three years. When family property division is at issue under The Family Property Act, S.S. 1997, c. F-6.3, section 26, parties must file a Property Statement with Schedule A identifying the value of each asset, any claimed exemptions, proposed distribution, and income tax consequences. The court may enforce compliance through Rules 15-47 to 15-50 at Judicial Case Conferences, including striking pleadings or refusing submissions from non-compliant parties. Parties who have agreed on all financial relief may file a Waiver of Financial and Property Statements (Form 15-28A) instead.