Family Law Act, SNL 2011, c. F-2.1 & Divorce Act, RSC 1985, c. 3 (2nd Supp.)

A court may grant a divorce on the sole ground that there has been a breakdown of the marriage. Breakdown is established by showing the spouses have lived separate and apart for at least one year, or that one spouse committed adultery or treated the other with physical or mental cruelty making continued cohabitation intolerable.

Effective: 2021

Spouses can prove marriage breakdown by living separate and apart for at least one year before the divorce judgment. The one-year period can begin before or after the divorce proceeding is started, and spouses may attempt reconciliation for up to 90 days without restarting the clock.

Effective: 2021

A court in a province has jurisdiction to hear a divorce if either spouse has been ordinarily resident in that province for at least one year immediately before the proceeding is commenced. In Newfoundland and Labrador, the Supreme Court (Family Division or General Division) hears divorce applications.

Effective: 2021

Matrimonial assets include all property acquired by either or both spouses before or during the marriage that was used, enjoyed, or maintained by both spouses or their children as a family asset. This includes the matrimonial home regardless of who holds title, household goods, savings from joint efforts, and property in which both spouses have a beneficial interest.

Effective: 2011

Certain property is excluded from division, including gifts or inheritances received by one spouse from a third party (unless used as a family asset), awards for damages or settlements for personal injuries, and business assets that were not used or enjoyed by both spouses. The onus is on the spouse claiming an exclusion to prove it.

Effective: 2011

The court must divide matrimonial assets equally between spouses unless an equal division would be grossly unjust or unconscionable, taking into account factors such as the length of the marriage, the contribution of each spouse, whether assets were acquired before the marriage, and any written agreement between the spouses.

Effective: 2011

Both spouses have an equal right to possession of the matrimonial home regardless of who holds legal title. Neither spouse may sell, mortgage, or otherwise encumber the matrimonial home without the written consent of the other spouse or a court order. This protection exists during the marriage and while proceedings are pending.

Effective: 2011

Spouses or cohabitants may enter into domestic contracts that address the division of property, support obligations, and other matters. A domestic contract may be set aside if a court finds that one party failed to disclose significant assets, did not understand the nature of the contract, or otherwise did not provide genuine consent.

Effective: 2011

On application by a spouse, the court may make a parenting order providing for the exercise of parenting time and decision-making responsibility with respect to a child. The court's only consideration is the best interests of the child, as determined by the factors set out in the Act.

Effective: 2021

The best interests of the child is the only consideration when making parenting or contact orders. The court must consider the child's physical, emotional, and psychological safety, security, and well-being as the primary consideration. Other factors include the child's needs, the nature and strength of each relationship, each person's willingness to support the child's relationship with the other parent, and the child's views and preferences.

Effective: 2021

The court must apply the principle that a child should have as much time with each spouse as is consistent with the child's best interests. This replaced the former 'maximum contact' principle and does not create a presumption of equal time — the child's best interests remain the overriding factor.

Effective: 2021

A person with parenting time or decision-making responsibility who intends to relocate must provide at least 60 days' written notice to every other person with parenting time, decision-making responsibility, or contact. If the other person objects, the relocating person must apply to the court. The burden of proof depends on the existing parenting arrangement.

Effective: 2021

When determining best interests, the court must consider any family violence and its impact on the child and the ability and willingness of the person who engaged in the violence to care for the child. The court examines the nature, seriousness, and frequency of the violence, whether it was directed at the child, and the harm to the child.

Effective: 2021

Under provincial law, where parents are not married or do not seek a divorce, the Supreme Court or Provincial Court may make orders regarding parenting arrangements for children. These orders apply to common-law partners and unmarried parents in Newfoundland and Labrador and follow the best interests of the child standard.

Effective: 2011

The court may order one spouse to pay support to the other. Factors include the length of cohabitation, the functions performed during the marriage, any order or agreement relating to support, the condition, means, needs, and circumstances of each spouse. The objectives are to recognize economic advantages or disadvantages from the marriage, apportion financial consequences of child care, relieve economic hardship, and promote self-sufficiency where reasonable.

Effective: 2021

The court must order child support in accordance with the Federal Child Support Guidelines. The amount is primarily based on the paying parent's income and the number of children, using the table amount for the province. The court may also order contributions toward special or extraordinary expenses under section 7 of the Guidelines.

Effective: 2021

The presumptive amount of child support is determined by reference to the income tables for the province where the paying parent resides. In Newfoundland and Labrador, the table amounts apply based on the number of children and the paying parent's annual gross income. Departures from the table are permitted only in limited circumstances.

Effective: 2021

In addition to the table amount, the court may order a contribution to special or extraordinary expenses such as childcare, health insurance premiums, extraordinary extracurricular activities, post-secondary education, and extraordinary expenses for primary or secondary education. These costs are shared proportionally based on each parent's income.

Effective: 2021

Where a child spends at least 40% of the time with each parent, the court considers each parent's table amount, the increased costs of shared parenting, and the conditions, means, needs, and circumstances of each parent and child. Shared parenting time does not automatically reduce support — the court retains discretion.

Effective: 2021

Under provincial law, a cohabitant who has lived with another person in a conjugal relationship for at least two years, or for one year if they have a child together, may apply for support. The court considers the same factors as in a married relationship, including the means and needs of each partner and the length of cohabitation.

Effective: 2011

A divorce proceeding is commenced by application to the Supreme Court of Newfoundland and Labrador. Either spouse may file, and the application must establish that the court has jurisdiction based on at least one year of ordinary residence in the province. The petition can be filed before the one-year separation period has elapsed.

Effective: 2021

Parties and their lawyers have a duty to encourage the use of family dispute resolution processes to resolve matters, unless it would be inappropriate to do so (such as in cases involving family violence). This includes mediation, collaborative law, negotiation, and other processes. The court may also order parties to attend a family dispute resolution process.

Effective: 2021

Every legal adviser who accepts a retainer in a divorce proceeding must inform their client about family dispute resolution services, family justice services, the obligation to make reasonable arrangements for the children's parenting and support, and the best interests of the child. The adviser must certify compliance with these duties.

Effective: 2021

The court cannot grant a divorce if there are children of the marriage and the court is not satisfied that reasonable arrangements have been made for their support, having regard to the Federal Child Support Guidelines. The court may stay the granting of the divorce until such arrangements are made.

Effective: 2021

A divorce takes effect on the 31st day after the day the judgment granting the divorce is rendered. During this 31-day period, either party may appeal. If an appeal is filed, the divorce does not take effect until the appeal is disposed of. Neither party may remarry until the divorce is effective.

Effective: 2021

A person who has been subjected to family violence may apply for an emergency protection order, which can be granted by a Provincial Court judge at any time, including outside court hours. The order can grant exclusive possession of the home, prohibit contact, and require the respondent to surrender weapons. A judge of the Supreme Court must review the order within 7 days.

Effective: 2005

Spouses or cohabitants may enter into domestic contracts covering property division, support, and other matters. Both parties must have independent legal advice or waive it in writing. A contract may be set aside if there was failure to disclose material assets, one party did not understand the nature or consequences, or there was duress or undue influence.

Effective: 2011

Where a court is considering both child support and spousal support, the court must give priority to child support. If the paying spouse's income is insufficient to pay the full amount of both, child support takes priority. The court may then reduce the spousal support amount, but it must provide reasons and record the full spousal support amount that would otherwise be awarded.

Effective: 2021

A person may apply to change their name or resume a former name after divorce through an application to the Director of Vital Statistics. The process requires a completed application form, supporting identification, and a fee. A person can also resume their birth name by filing the appropriate declaration without a full name change application.

Effective: 2009

The court may vary, rescind, or suspend a spousal support order, child support order, or parenting order upon application by either former spouse, if there has been a material change in circumstances since the original order was made. For child support, a variation in either parent's income of more than a marginal amount typically constitutes a material change.

Effective: 2021

Upon breakdown of a spousal relationship, a former spouse or cohabitant may be entitled to a share of the pension benefits accumulated during the relationship. The Family Law Act provides that pension entitlements are matrimonial assets subject to division. The Pension Benefits Act establishes the mechanism for transferring pension credits directly between former spouses.

Effective: 1997