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

To file for divorce in Yukon, you must commence proceedings in the Supreme Court of Yukon by filing a Statement of Claim — Family Law (Divorce) using Form 91A, along with a Notice of Application (Form 52) and a supporting Affidavit (Form 59), pursuant to Rule 63(8)(a) of the Supreme Court Rules. Either you or your spouse must have been ordinarily resident in Yukon for at least one year immediately before filing, as required by section 3(1) of the Divorce Act, RSC 1985, c 3 (2nd Supp). The sole ground for divorce is marriage breakdown, established by one year of separation, adultery, or physical or mental cruelty under section 8(2) of the Divorce Act. File your documents at the Supreme Court Registry at 2134 Second Avenue, Whitehorse, YT Y1A 5H6, with the CAD $180 filing fee.

After filing, you must serve the Statement of Claim on your spouse personally or by an alternative method approved by the court under Rule 11 of the Supreme Court Rules. Once service is completed, you must prepare and file an Affidavit of Service as proof. If your case involves children under 16, both parties must attend the mandatory "For the Sake of the Children" parenting workshop under Practice Direction Family-2 before the matter can proceed to a hearing. A Family Law Case Conference must also be scheduled within 60 days of service under Practice Direction Family-3, where a judge will discuss alternative dispute resolution options and may make interim orders regarding parenting, support, or property.

If your spouse does not file a Statement of Defence (Form 92) within the time required under the Rules, you may proceed on an uncontested basis by filing the Requisition for Order (Divorce Act Form 3) together with the Affidavit for Divorce Order (Form 97). If children are involved, a Child Support Affidavit (Form 98) must also be filed showing both parties' incomes under the Federal Child Support Guidelines, SOR/97-175. If there are claims for spousal support, Section 7 expenses, or property division, financial disclosure through Form 94 or Form 94A is mandatory under Rule 63A. The completed Financial Statement must be sworn before a notary. The court will review the materials and, if satisfied, grant the Divorce Order (Form 100).

The Divorce Order takes effect on the 31st day after it is granted, pursuant to section 12(7) of the Divorce Act. During this 31-day period, either party may appeal the order. Once effective, you may apply for a Certificate of Divorce (Form 101) from the court registry. If you are filing by mail, include your filing fee by cheque, money order, VISA, or MasterCard — the registry does not accept cash by mail. Property division between married spouses is governed by Part 1 of the Family Property and Support Act, RSY 2002, c 83, which provides for equal division of family assets. Contact the Family Law Information Centre at 867-456-6721 or toll-free 1-800-661-0408 ext. 6721 for assistance.

The Supreme Court of Yukon requires both parties to attend the "For the Sake of the Children" parenting workshop under Practice Direction Family-2 in all family law proceedings involving children under 16 years of age. This free, three-hour information session covers the effects of separation on adults and children, family law processes, and strategies for co-parenting after separation. Attendance is mandatory before the court will schedule a hearing on parenting arrangements or decision-making responsibility.

Exemptions apply when: the parties do not live within 30 km of a community where the workshop is offered; the parties have filed a written agreement settling all issues; or all children are 16 years of age or older. To register, contact the Family Law Information Centre at 867-456-6721 or toll-free 1-800-661-0408 ext. 6721.

Family mediation in Yukon is voluntary, free, and confidential. The Yukon Family Mediation Service, operated by the Yukon Department of Justice, helps separating or divorcing parents resolve child-related matters outside of court. Both parents must agree to participate. Mediation typically involves 2 to 9 hours of joint meetings and is expected to conclude within 3 to 6 months.

While mediation is not mandatory, Practice Direction Family-3 requires a Family Law Case Conference within 60 days of service of the Statement of Claim, at which the judge will discuss alternative dispute resolution options including mediation. Contact the Yukon Family Mediation Service at 301 Jarvis Street, Whitehorse, by phone at 867-667-5753 or toll-free 1-800-661-0408, or by email at flic@yukon.ca.

Financial disclosure is governed by Rule 63A — Family Law Proceeding Financial Disclosure of the Supreme Court of Yukon Rules of Court. Parties must file a Financial Statement (Form 94) in matters involving Section 7 expenses under the Federal Child Support Guidelines, SOR/97-175, claims for undue hardship, spousal support, or property division under the Family Property and Support Act, RSY 2002, c 83. A Simplified Financial Statement (Form 94A) may be used for basic child support calculations.

To compel the other party to provide financial disclosure, you must file and serve a Notice to File a Financial Statement (Form 95). All Financial Statements must be sworn before a notary or commissioner of oaths. A judge may order financial disclosure even in cases where it is not otherwise required under Rule 63A. Failure to provide financial disclosure may result in the court drawing adverse inferences or striking pleadings.