Divorce Laws in Saskatchewan: Complete 2026 Guide

Under the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), section 8, there is only one ground for divorce in Canada, including Saskatchewan: breakdown of the marriage. However, breakdown of the marriage can be established in three ways. The most common method is demonstrating that the spouses have lived separate and apart for at least one year (section 8(2)(a)). The other two methods are adultery committed by one spouse (section 8(2)(b)(i)) and physical or mental cruelty by one spouse that makes continued cohabitation intolerable (section 8(2)(b)(ii)). The one-year separation ground is by far the most frequently used basis for divorce in Saskatchewan. Importantly, spouses do not need to wait until the full year has passed before initiating the process — a Petition can be filed as soon as the separation begins, but the Court of King's Bench will not grant the divorce judgment until the one-year period has elapsed. It is also possible for spouses to be considered 'separated' while still living under the same roof, provided they are genuinely living separate lives, as financial constraints or childcare needs may prevent immediate physical separation. Adultery and cruelty are considered fault-based grounds and come with additional evidentiary requirements. In Saskatchewan, if a divorce is sought on the basis of adultery, the party who committed adultery may need to swear an affidavit confirming the adultery took place. Similarly, for cruelty, additional documentation and evidence are typically required. While these grounds can theoretically allow a divorce to proceed without the one-year waiting period, they are rarely used in practice because proving them is more complex and adversarial. Canada's divorce system is fundamentally a no-fault system, as the one-year separation ground does not require either spouse to prove wrongdoing. Even when adultery or cruelty is alleged, the Divorce Act includes a duty on the court to satisfy itself that there has been no collusion, condonation, or connivance (sections 11(1)(a)–(c)). This ensures the integrity of the divorce process regardless of which ground is relied upon.

Under section 3(1) of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), a court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been habitually resident in the province for at least one year immediately preceding the commencement of the proceeding. In Saskatchewan, this means that either you or your spouse must have lived in Saskatchewan for a minimum of one full year before the Petition for divorce is filed with the Court of King's Bench. There is no requirement that you were married in Saskatchewan to file for divorce here. As long as the residency requirement is met, the Saskatchewan Court of King's Bench has jurisdiction, regardless of where the marriage took place — including outside of Canada. Similarly, Canadian citizenship is not a prerequisite; any person meeting the one-year habitual residency requirement may commence divorce proceedings in the province. The concept of 'habitual residence' means more than just physical presence. It generally means the place where a person has established their settled or ordinary home, their center of daily life. Temporary absences from the province do not necessarily break the residency requirement, but the person must demonstrate a genuine connection to Saskatchewan as their home for the year preceding the filing. If both spouses file divorce proceedings in different provinces, the Divorce Act includes rules to resolve jurisdictional conflicts. Under section 3(2), if proceedings are started in two different provinces on different days, the court where the proceeding was first filed has jurisdiction, and the other proceeding must be discontinued. If proceedings are started on the same day, the Federal Court has jurisdiction (section 3(3)).

Property division in Saskatchewan is governed by provincial legislation, specifically The Family Property Act, S.S. 1997, c. F-6.3 (formerly known as The Matrimonial Property Act). This Act establishes a deferred-sharing regime: each spouse's property remains their own during the marriage, but upon separation or application, the court has the power to divide all family property between the spouses. The overarching purpose of the Act is to recognize that both spouses make contributions to the relationship and the family, even though those contributions may take different forms. The presumption under the Family Property Act is that family property will be divided equally. 'Family property' is broadly defined to include virtually all real and personal property owned by either or both spouses at the time of application, including RRSPs, pensions, bank accounts, real estate, business interests, household goods, and investments. The family home and household goods are subject to an even stronger presumption of equal division, and it does not matter whose name is on the title. Property that a spouse brought into the relationship is generally exempt from division — except for the family home and household goods. If exempt property increased in value during the relationship, however, the increase is divisible. Notably, the Act divides property but does not directly divide debt, though debt is factored into the overall property valuation. A court may order an unequal division of family property under section 21 of the Act if equal division would be unfair or inequitable. The burden is on the spouse requesting unequal division to prove the unfairness. Factors the court considers include the duration of the relationship, the extent to which each spouse's earning capacity was affected, any dissipation or squandering of family property, and other relevant circumstances. The court will generally not consider a spouse's immoral or improper conduct unless it had direct financial consequences. It is critically important that an application for family property division be made before the divorce is granted. Once the divorce is finalized, the right to apply for property division under the Act is lost. Spouses may also divide their property by agreement through an interspousal contract. If the agreement meets the formal requirements of section 38 of the Act, the court will generally uphold it unless it is found to be grossly unfair. Informal agreements may also be given weight, as confirmed by the Supreme Court of Canada in Anderson v Anderson, 2023 SCC 13.

Spousal support in Saskatchewan may be ordered under either the federal Divorce Act (for married couples seeking divorce) or the provincial Family Maintenance Act (for unmarried spouses or married spouses not seeking divorce). Under the Divorce Act, section 15.2, the court may order either or both spouses to pay support to the other, taking into account the conditions, means, needs, and other circumstances of each spouse. The objectives of spousal support include recognizing economic advantages or disadvantages arising from the marriage or its breakdown, apportioning the financial consequences of child-rearing, relieving economic hardship, and promoting each spouse's economic self-sufficiency within a reasonable time. While there is no statutory formula for calculating spousal support in Canada, Saskatchewan courts frequently rely on the Spousal Support Advisory Guidelines (SSAG), which were developed as an informal tool to help determine the amount and duration of support. These Guidelines provide formulas that generate a range for support based on factors including the length of the relationship, the difference in spousal incomes, and whether there are dependent children. Courts are not required to follow the SSAG, but they are widely used by judges and lawyers in Saskatchewan as a starting point for determining appropriate support. Spousal support can take several forms: periodic (monthly) payments, a lump-sum payment, or a combination. Support may be time-limited (for a fixed period) or indefinite, depending on the circumstances. Generally, longer marriages and situations where one spouse has significantly reduced earning capacity due to the roles assumed during the marriage tend to result in longer-duration or indefinite support. Shorter marriages may result in time-limited transitional support designed to help the lower-earning spouse become self-sufficient. Spousal support orders and agreements in Saskatchewan can be registered with the Maintenance Enforcement Office (MEO), which monitors and enforces support payments. If payments are missed, the MEO has broad enforcement powers, including wage garnishment, interception of federal payments, and other mechanisms. Either spouse can apply to vary a spousal support order if there has been a material change in circumstances since the order was made.

Since the 2021 amendments to the Divorce Act took effect on March 1, 2021, the terms 'custody' and 'access' have been replaced with 'parenting arrangements,' which include 'parenting time' and 'decision-making responsibility.' Parenting time refers to the time a child spends in the care of each parent, while decision-making responsibility refers to the responsibility for making significant decisions about a child's well-being, including decisions about health, education, culture, language, religion, and significant extracurricular activities. Saskatchewan courts apply these updated terms in all family law proceedings. The paramount consideration in all parenting arrangement decisions in Saskatchewan is the best interests of the child. The Divorce Act sets out a comprehensive list of factors the court must consider, including: the child's needs and the ability of each parent to meet them; the nature and strength of the child's relationship with each parent and other significant persons; each parent's willingness to support the child's relationship with the other parent; the child's own views and preferences (given appropriate weight based on age and maturity); the child's cultural, linguistic, religious, and spiritual upbringing and heritage; any history of family violence and its impact on the child; and any plans each parent has for the child's care. The court also considers each parent's ability to communicate and cooperate on matters affecting the child. Saskatchewan strongly encourages shared parenting time where appropriate, recognizing that children generally benefit from maintaining meaningful relationships with both parents. However, shared parenting is not presumed and each case is decided on its own facts. Before a contested parenting matter proceeds in court, Saskatchewan requires early family dispute resolution — parties must attempt mediation, collaborative law, arbitration, or parenting coordination before making court applications, except in cases of urgency or family violence. Additionally, Saskatchewan mandates that parents involved in family law proceedings where parenting time, decision-making responsibility, or child support is at issue complete the Parenting After Separation (PAS) program. The Petitioner must complete PAS and file a Certificate of Attendance before taking further steps. There are exemptions if the course has been completed within the last two years or if all parties have reached a written agreement on all children's issues. A supplementary course — Parenting After Separation for Families in High Conflict (PASHC) — is also available and may be court-ordered for high-conflict situations.

The divorce process in Saskatchewan begins with filing a Petition with the Court of King's Bench. The Petition is the document that formally initiates the divorce proceeding and can include requests for divorce, parenting orders, support orders, and property division orders. The person filing is called the Petitioner, and the other spouse is the Respondent. If both spouses agree, they may file a Joint Petition. Joint applications are generally faster and more cost-effective because they eliminate several procedural steps. After filing the Petition and paying the required court fees, the Petitioner must serve the Petition on the Respondent personally — this must be done by someone other than the Petitioner. The filing fee for a Petition for divorce at the Court of King's Bench is approximately $300, with an additional fee of approximately $95 for the Application for Judgment. Self-help kits containing the necessary forms and instructions are available from the Family Law Information Centre (FLIC), and PLEA Saskatchewan's Family Law website provides a Form Wizard that can help generate the correct documents. The Petitioner in a case involving children must also complete the mandatory Parenting After Separation (PAS) program and file a Certificate of Attendance before proceeding further. For uncontested divorces (where both parties agree on all terms), the process may proceed without any court appearances. Once all required documents — including affidavits, financial statements, and draft orders — are filed with the court and the judge is satisfied, a divorce judgment is issued. For contested divorces, the process is more complex and typically involves a Judicial Case Conference (mandatory in Regina and Saskatoon before interim applications can be brought), interim applications for urgent matters, mandatory early family dispute resolution, discovery, a pre-trial conference, and potentially a trial. The timeline varies significantly depending on whether the divorce is contested or uncontested. Uncontested divorces proceeding on the one-year separation ground can typically be finalized within two to four months after the separation period is complete. Contested divorces can take one to three years or more, depending on the complexity of the issues and court scheduling. Total legal costs range from a few hundred dollars for a simple uncontested divorce to $50,000 or more for a fully contested matter proceeding through trial. In Saskatchewan, the Court of King's Bench (formerly the Court of Queen's Bench, renamed upon the accession of King Charles III) has jurisdiction over all divorce proceedings and the full range of family law matters under the Divorce Act, including parenting orders, child and spousal support, and property division. The Court of King's Bench is Saskatchewan's superior trial court, with judges appointed by the federal government. It sits in multiple locations across the province, including Regina, Saskatoon, Prince Albert, Moose Jaw, Swift Current, North Battleford (Battleford), Estevan, Yorkton, and Melfort, and also holds circuit sittings in smaller communities such as La Ronge and Meadow Lake. The Provincial Court of Saskatchewan has limited family law jurisdiction. It can hear matters under certain provincial statutes — including child support and spousal support under The Family Maintenance Act and parenting orders under The Children's Law Act — in communities where the Court of King's Bench does not regularly sit. However, the Provincial Court cannot grant a divorce, divide family property, or make orders under the federal Divorce Act. Any matter requiring a divorce must be commenced in the Court of King's Bench. Appeals from the Court of King's Bench in family law matters go to the Saskatchewan Court of Appeal. The Court of Appeal reviews decisions for errors in law and, in some circumstances, errors in the exercise of judicial discretion. Further appeals may be sought from the Court of Appeal to the Supreme Court of Canada, but leave (permission) to appeal must first be granted by the Supreme Court, and such cases are rare. The court system is supported by several key administrative and support services. The Local Registrar's offices at each Court of King's Bench location handle filing of documents and scheduling. The Family Justice Services Branch of the Ministry of Justice provides the Family Law Information Centre (FLIC), the Maintenance Enforcement Office, the Parent Education Unit (which administers the Parenting After Separation program), the Child Support Calculation Service, and the Early Family Dispute Resolution program. PLEA Saskatchewan also provides a comprehensive online Family Law portal with information, a Form Wizard, and free resources for self-represented litigants.

The primary waiting period in Saskatchewan divorce proceedings relates to the one-year separation requirement under section 8(2)(a) of the Divorce Act. To obtain a divorce on the most common ground — marriage breakdown demonstrated by living separate and apart — spouses must have been separated for at least one full year before the Court of King's Bench will grant the divorce judgment. This is a mandatory statutory requirement that cannot be shortened by agreement or expedited by the court. Importantly, the one-year separation period and the divorce process can run concurrently. A spouse may file a Petition for divorce with the Court of King's Bench immediately upon separation, before the one-year period has elapsed. The process of filing, serving documents, completing mandatory programs, and negotiating or resolving issues can take place during the separation period. However, the court will not issue the final divorce judgment until the one-year mark has been reached. Once the separation period is complete, a party must file an Application for Judgment requesting the divorce order. For divorces sought on the grounds of adultery or cruelty, there is no mandatory one-year separation period — a divorce can theoretically be granted as soon as the grounds are proven. However, these cases require substantial evidence, and proving adultery or cruelty involves additional procedural steps, including sworn affidavits, which can cause delays. In practice, most people proceed on the one-year separation ground as it is simpler and less adversarial. Once the divorce judgment is granted, it takes effect on the 31st day after the date of the judgment (per section 12 of the Divorce Act), unless both parties agree to waive their appeal rights and no appeal is pending. After this 31-day period, the divorce certificate is issued, confirming that the parties are legally divorced and free to remarry.