The Family Law Act (CCSM c F20)

Canada uses a single ground for divorce: breakdown of the marriage. Breakdown is established by living separate and apart for at least one year, or by proving adultery or physical/mental cruelty that makes continued cohabitation intolerable. Either spouse may file — no-fault separation is by far the most common ground used in Manitoba.

Effective: 2024

Spouses may resume cohabitation for up to 90 days for the primary purpose of reconciliation without restarting the one-year separation clock. If reconciliation fails and they separate again, the earlier separation period still counts. This provision encourages couples to attempt reconciliation without legal penalty.

Effective: 2024

Manitoba's family property regime applies to all married persons in Manitoba regardless of where or when they married. Since June 30, 2004, it also applies to common-law partners who have cohabited for at least 3 years, cohabited for at least 1 year and have a child together, or registered their common-law relationship. Manitoba was last place of cohabitation is the jurisdictional requirement.

Effective: 2024

Manitoba divides property into two categories: 'family assets' (property used for shelter, transportation, household, educational, recreational, social, or aesthetic purposes) and 'commercial assets' (everything else, such as business interests and investments). Pensions, RRSPs, RRIFs, profit-sharing plans, and annuities are deemed family assets even if not used for family purposes. Personal apparel is excluded entirely.

Effective: 2024

Each spouse or common-law partner has the right to a full accounting and equalization of assets upon relationship breakdown. This means both parties must disclose all assets and debts, and in principle, the net value of property accumulated during the relationship is shared equally between them.

Effective: 2024

Manitoba uses a dual threshold for unequal division. For family assets, the court may depart from equal sharing only if it would be 'grossly unfair or unconscionable' given extraordinary circumstances — a very high bar. For commercial assets (business and investment property), the threshold is lower: the court may vary if equal division would be 'clearly inequitable.' The court cannot consider spousal conduct unless it amounts to 'dissipation' — grossly irresponsible squandering of assets.

Effective: 2024

Gifts, trust benefits, and inheritances received by one spouse are generally excluded from equalization unless they have been commingled with family assets. Similarly, compensation for personal injury is given special treatment and may be excluded. However, if these assets are mixed with shared property or used for family purposes, they may lose their excluded status.

Effective: 2024

Assets are valued as of the date of separation, not the date of trial or divorce. This means the value of the family home, investments, pensions, and other property is frozen at the point the spouses separated. Any gains or losses after that date generally belong to the individual owner.

Effective: 2024

The court has broad discretion in how to achieve equalization. It may order the transfer of specific assets, a lump-sum payment, periodic payments, or any combination. This flexibility allows the court to avoid forcing the sale of the family home or a business when other methods can satisfy the equalization obligation.

Effective: 2024

If one spouse is at risk of dissipating, hiding, or wasting assets before property can be divided, the court may issue a preservation order to prevent it. This can include freezing bank accounts, restraining the sale of property, or requiring an accounting. The order protects both parties' equalization rights pending resolution.

Effective: 2024

Pension rights accumulated during the relationship are deemed family assets and subject to equalization regardless of whether the pension was used for family purposes. The Pension Benefits Act (CCSM c P32) governs the mandatory splitting of Manitoba-sited pensions. The non-pension-holding spouse's share is typically locked into a Locked-In Retirement Account (LIRA).

Effective: 2024

For parenting matters under Manitoba provincial law, the court considers only the best interests of the child. The primary consideration is the child's physical, emotional, and psychological safety, security, and well-being. The court weighs factors including the child's needs and age, the nature of relationships with each parent, each parent's willingness to support the child's other relationships, history of care, the child's own views, cultural and linguistic heritage, parenting plans, and any family violence.

Effective: 2024

Under the Divorce Act, the court considers only the best interests of the child when making parenting or contact orders. The primary consideration is the child's physical, emotional, and psychological safety. The court weighs a non-exhaustive list of factors including the child's needs, stability, each parent's willingness to support the child's relationships, the child's views weighted by age, and any family violence — including its nature, frequency, pattern of coercive control, and impact on the child.

Effective: 2024

The court may allocate parenting time (when the child is in each parent's care) and decision-making responsibility (who decides about health, education, religion, extracurricular activities, and other significant matters). Orders can be for definite or indefinite periods and may include conditions, restrictions, or supervision requirements. Non-parents (such as grandparents) may apply with leave of the court.

Effective: 2024

By default, parents have joint parental responsibilities in Manitoba. The court follows the 'maximum parenting time' principle — a child should have as much time with each parent as is consistent with their best interests. However, if the parents never cohabited after the child's birth, the resident parent has sole decision-making responsibility unless a court orders otherwise.

Effective: 2024

Persons other than parents — such as grandparents, siblings, or other important figures — may apply for a contact order to maintain their relationship with a child. The court considers the best interests of the child when deciding contact. This provides a legal mechanism for grandparents in Manitoba who are being denied time with their grandchildren after a divorce.

Effective: 2024

A parent who intends to relocate with a child must give at least 60 days' written notice to every person with parenting time, decision-making responsibility, or contact. If no one objects within 30 days, the relocation is authorized. If objected to, the court decides based on best-interests factors plus relocation-specific considerations. The burden of proof depends on the parenting arrangement: if parenting time is substantially equal, the relocating parent must prove the move is in the child's best interests; if one parent has the majority of time, the opposing parent must show the move is not in the child's best interests.

Effective: 2024

A parent with parenting time or decision-making responsibility has the right to request and receive information about the child's health, education, and welfare from the other parent. This right exists even if the requesting parent has limited parenting time, ensuring both parents stay informed about their child's well-being.

Effective: 2024

Each parent has an obligation to support their children. The court orders child support in accordance with the Manitoba Child Support Guidelines (M.R. 52/2023), which adopt the Federal Child Support Tables. The amount is primarily based on the paying parent's income and the number of children. Both parents must provide full financial information including income tax returns, pay stubs, and any other relevant financial documents.

Effective: 2024

When both parents reside in Manitoba, provincial guidelines apply (whether under the Divorce Act or Family Law Act). The guidelines use the Federal Child Support Tables — the same dollar amounts, updated automatically when the federal tables change. If one parent has 60% or more of parenting time, the other parent pays per the table. For split parenting, each parent's table amount is calculated and the difference is paid by the higher-income parent. Special expenses (childcare, health insurance over $100/year, education, extracurriculars) may be added to the base amount.

Effective: 2024

Under the Divorce Act, the court may order one spouse to pay periodic or lump-sum spousal support. The court considers each spouse's condition, means, needs, and circumstances, the length of cohabitation, and functions performed during the marriage. Spousal misconduct is not a factor. Support objectives include recognizing economic advantages and disadvantages from the marriage, apportioning the financial consequences of child-rearing, relieving economic hardship, and promoting self-sufficiency within a reasonable time.

Effective: 2024

Under Manitoba provincial law, spouses — including common-law partners who cohabited for 3 years, 1 year with a child, or registered their relationship — have a mutual obligation to support each other. After separation, there is an expectation of self-support. The court considers each spouse's condition, means, needs, length of cohabitation, and functions performed in the relationship. This is the key provincial statute for common-law spousal support, as the federal Divorce Act applies only to married couples.

Effective: 2024

When a payor cannot afford both child support and spousal support, child support takes priority. The court must first ensure adequate child support before awarding spousal support. If the court reduces spousal support for this reason, it must record why. If child support later decreases or ends, either party can apply to vary the spousal support amount upward.

Effective: 2024

Both child and spousal support orders can be varied, suspended, or terminated when circumstances change. For child support, any change that would produce a different amount under the guidelines qualifies. For spousal support, there must be a change in the condition, means, needs, or other circumstances of either spouse. Either party can apply for variation at any time after the original order.

Effective: 2024

To file for divorce in Manitoba, at least one spouse must have been ordinarily resident in Manitoba for at least one year immediately before the application. The proceedings are filed in the Court of King's Bench (Family Division). If both spouses file in different provinces, the court that received the application first has priority, unless the applications are filed on the same day — in which case the Federal Court may designate jurisdiction.

Effective: 2024

The Court of King's Bench (Family Division) has full jurisdiction over all family law matters under the Family Law Act, including parenting arrangements, child support, spousal support, and property division. The Provincial Court (Family Division) has limited jurisdiction — it can hear child and spousal support matters and some parenting issues, but not property division or divorce. This gives couples without property disputes a lower-cost alternative.

Effective: 2024

Manitoba's Family Law Act (in force since July 1, 2023) requires parties to attempt family dispute resolution before resorting to litigation when appropriate. Both parties must provide complete, accurate, and up-to-date financial and other information. Legal advisers must encourage resolution and inform clients about available family dispute resolution processes. All initiating documents must include a certification that the party understands these duties.

Effective: 2024

Divorced couples must bring property division claims within 60 days after the divorce is granted. For common-law partners who registered their relationship, the deadline is 60 days after the registration is cancelled. For unregistered common-law partners, the limitation period is 3 years from the date of separation. Missing these deadlines can bar the property claim entirely.

Effective: 2024

Under the 2021 Divorce Act amendments, both parties and their lawyers have specific duties. Parties must attempt family dispute resolution when appropriate, protect children from proceeding-related conflict, provide complete financial information, and comply with court orders. Legal advisers must encourage reconciliation where possible, inform clients about family dispute resolution services, and certify compliance with these duties in court documents.

Effective: 2024

Unlike property claims, there is no limitation period for proceedings under the Family Law Act regarding child support, spousal support, or parenting arrangements. A parent can apply for child support or a parenting order at any time, regardless of how long ago the separation occurred. This ensures children and dependent spouses are never barred from seeking financial support.

Effective: 2024

The court may grant one spouse or common-law partner exclusive occupation of the family home, effectively requiring the other to leave. The court may also issue conduct orders restraining a party from contacting, molesting, or harassing the other party or children. These orders are critical safety measures in situations involving domestic violence or high conflict.

Effective: 2024

Manitoba's Homesteads Act protects a spouse's interest in the family home. Neither spouse can sell, mortgage, or otherwise dispose of the family home without the other spouse's written consent, even if only one spouse holds title. This protection applies automatically upon marriage and prevents one spouse from unilaterally selling the home during separation or divorce proceedings.

Effective: 2024

Both the federal Divorce Act and Manitoba's Family Law Act require the court to consider a child's cultural, linguistic, religious, and spiritual heritage — including Indigenous heritage — when making parenting decisions. This is especially significant in Manitoba, which has a large Indigenous population. The court must ensure parenting arrangements preserve the child's connection to their cultural identity and community.

Effective: 2024

Manitoba's Family Law Act provides a comprehensive framework for determining parentage, including modern provisions for assisted reproduction and surrogacy. Donors of reproductive material are not automatically considered parents. Surrogacy agreements can establish parentage, and the court may make declaratory orders. DNA testing can be court-ordered. Crucially, there is no legal distinction between children born inside or outside of marriage.

Effective: 2024

When one parent lives in Manitoba and the other lives outside the province, this Act provides mechanisms for establishing, varying, and enforcing support orders across provincial and international borders. A support order from another Canadian province or a designated foreign jurisdiction can be registered and enforced in Manitoba as if it were a Manitoba order.

Effective: 2024

Manitoba's Child Support Service allows parents to recalculate child support amounts based on updated income information without going back to court. Either parent can request a recalculation through the service. If both parents provide their income information, the service applies the guidelines and issues a recalculated amount. This out-of-court process saves time and legal costs for straightforward income-based adjustments.

Effective: 2024

If a spouse or common-law partner dies before property is divided, the surviving partner can apply for equalization against the deceased's estate. The surviving spouse may elect to take either their equalization entitlement under the Family Property Act or their inheritance under the will (or intestacy) — but not both. This ensures the survivor is not disadvantaged by a death occurring during separation before property is settled.

Effective: 2024