Family Law Act (SNWT 1997, c 18)

Canada has only one ground for divorce: breakdown of marriage. This is established by proving 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 be considered 'living separate and apart' even while residing under the same roof, as long as one spouse intends to live separately. If spouses reconcile and resume cohabitation for a period totaling more than 90 days, the one-year separation clock resets and must start over.

Effective: 2021

To file for divorce in the Northwest Territories, at least one spouse must have been habitually resident in the territory for at least one year immediately before starting the proceeding. If divorce proceedings are filed in two provinces or territories, specific rules determine which court keeps jurisdiction.

Effective: 2021

Net family property is calculated by taking the value of all property a spouse owns on the valuation date, subtracting debts and liabilities, and then subtracting the net value of property the spouse brought into the marriage. This figure is used to determine the equalization payment between spouses.

Effective: 2023

Certain property is excluded from the net family property calculation, including gifts and inheritances received from a third party during the marriage (other than a family home), life insurance proceeds, personal injury damages, and property traceable to these excluded categories.

Effective: 2023

Property is valued as of the 'valuation date,' which is the earliest of several trigger dates. These include the date spouses separate with no reasonable prospect of reconciliation, the date a spouse begins a proceeding for depletion of property, or the day before a spouse's death.

Effective: 2023

When a marriage ends, the spouse with the lower net family property is entitled to one-half the difference between the two spouses' net family property values. This is an equalization payment — it shares the growth in wealth during the marriage, not the assets themselves. The court may also order a division of specific property.

Effective: 2023

The court may award an amount different from the standard equalization formula if equal sharing would be unconscionable. This power exists to prevent unfair outcomes in unusual circumstances, such as where one spouse intentionally depleted family property or incurred debts recklessly.

Effective: 2023

Both spouses have an equal right to possession of the family home, regardless of who holds title. Neither spouse can sell, mortgage, or encumber the family home without the other's written consent or a court order. The court may grant one spouse exclusive possession of the family home after separation.

Effective: 2023

When married parents divorce, the court may make a parenting order allocating parenting time and decision-making responsibility for children. Either parent or a person standing in place of a parent may apply. The 2021 Divorce Act replaced the terms 'custody' and 'access' with 'parenting time' and 'decision-making responsibility.'

Effective: 2021

All parenting decisions must be based solely on the best interests of the child. The court considers factors including each parent's willingness to support the child's relationship with the other parent, the child's views and preferences, cultural and linguistic heritage (including Indigenous heritage), and any history of family violence.

Effective: 2021

When family violence is present, the court must specifically consider the nature, seriousness, and frequency of the violence, whether the child was directly or indirectly exposed, the impact on the ability and willingness of the violent person to care for the child, and whether cooperative parenting arrangements are appropriate.

Effective: 2021

For unmarried parents or matters under territorial law, the Children's Law Act provides its own best interests test. The court considers the child's emotional ties, views and preferences, cultural and spiritual upbringing, each parent's ability to provide care and guidance, and the child's need for stability. Differing cultural values and practices must be respected.

Effective: 2019

A parent intending to relocate must give at least 60 days' written notice including the new address and a proposal for revised parenting arrangements. If the parents share substantially equal parenting time, the relocating parent bears the burden of proving the move is in the child's best interests. If the relocating parent has the majority of parenting time, the opposing parent must prove the move is not in the child's best interests.

Effective: 2021

A person who is not a parent — such as a grandparent or other important adult in a child's life — may apply for a contact order to spend time with the child. Contact orders can only be made where a parenting order already exists. The applicant must first obtain leave (permission) from the court to bring the application.

Effective: 2021

During a relationship, each spouse has an obligation to provide support for themselves and the other spouse according to need and ability. On breakdown of the relationship, the economic advantages and disadvantages arising from the relationship must be equitably shared between the spouses.

Effective: 2023

The court may order one spouse to pay support to the other. On relationship breakdown, the court considers the objectives of recognizing economic advantages or disadvantages from the relationship, apportioning financial consequences of child care, relieving economic hardship, and promoting economic self-sufficiency within a reasonable time.

Effective: 2023

When granting a divorce, the court may order one spouse to pay support to the other. The court considers the condition, means, needs, and circumstances of each spouse, including the length of cohabitation, the roles during marriage, and any prior agreements. The same four objectives as territorial law apply: recognize advantages/disadvantages, child care consequences, economic hardship, and self-sufficiency.

Effective: 2021

The court may order either or both parents to pay child support for a child. The amount is determined in accordance with the NWT Child Support Guidelines, which adopt the Federal Child Support Tables based on the paying parent's income and number of children. The court may also order contributions toward special or extraordinary expenses such as childcare, health insurance, or extracurricular activities.

Effective: 2006

Either parent may apply to vary a child support order when there has been a change in circumstances. The court recalculates the amount using the applicable guidelines based on updated income information. The NWT also offers a free Child Support Recalculation Service that can adjust child support amounts administratively when a parent's income changes, without going back to court.

Effective: 2006

A spouse may apply to vary a spousal support order when circumstances have changed materially since the original order was made. The court may increase, decrease, or terminate the support obligation. There are limitations on how frequently variation applications can be brought to prevent repeated litigation.

Effective: 2023

You do not need to wait a full year before filing. A divorce proceeding can be commenced as soon as the spouses separate, but the divorce will not be granted until at least one year of separation has passed. This allows spouses to begin resolving property, support, and parenting issues while the separation period runs.

Effective: 2021

Parties must exercise parenting time and decision-making responsibility consistent with the child's best interests. They must protect children from conflict arising from the proceeding, try to resolve matters through a family dispute resolution process (such as mediation or negotiation) before going to court, and provide complete and accurate financial information.

Effective: 2021

A domestic contract — including marriage contracts, cohabitation agreements, and separation agreements — must be in writing, signed by both parties, and witnessed to be enforceable. A minor may enter into a domestic contract with court approval, which can be given before or after signing.

Effective: 1998

The NWT recognizes four types of domestic contracts: marriage contracts (for married or engaged couples covering property and support), cohabitation agreements (for common-law partners), separation agreements (for spouses who have separated), and parental agreements (for parents regarding children). These contracts allow couples to customize their rights and obligations.

Effective: 1998

Parties to a support application must provide financial statements disclosing their income, assets, debts, and expenses. The court has broad powers to order disclosure, including requiring employers to provide income information and ordering access to financial records.

Effective: 2023

If a person who owes support payments is about to leave the Northwest Territories and there are reasonable grounds to believe they intend to evade their support obligations, the court may issue a warrant for their arrest. The court may also make orders restraining the depletion of property to protect the other spouse's rights.

Effective: 1998

Victims of family violence can obtain an emergency protection order (EPO) at any time through the RCMP or YWCA Alison McAteer House counsellors. A justice of the peace can grant an EPO immediately, without hearing from the abuser, if urgent protection is needed. EPOs can order the abuser to leave the home, stay away from the victim and children, and surrender weapons. EPOs last up to 90 days and must be reviewed by a judge within 3 working days.

Effective: 2023

When there is family violence but no immediate danger, a victim can apply for a longer-term protection order. These orders can prohibit the abuser from contacting the victim, grant exclusive occupation of the family home, require the abuser to attend counselling, and order the abuser to pay for damages caused by the violence. Family violence includes physical harm, threats, property damage, and psychological or financial abuse.

Effective: 2023

A court may set aside a domestic contract or any provision in it if one party failed to disclose significant assets, debts, or liabilities at the time of signing, if a party did not understand the nature or consequences of the contract, or otherwise in accordance with general contract law principles such as duress or undue influence. This protection applies even if the contract includes a clause attempting to waive this right.

Effective: 1998

The court may set aside a support provision in a domestic contract and order support if: the provision results in unconscionable circumstances, the spouse receiving no support qualifies for public assistance, or there is a default of at least 3 months in making support payments under the contract. This applies even if the contract expressly excludes this section.

Effective: 1998

When property is held in the names of both spouses as joint tenants, it is presumed they intended to own it as joint tenants unless there is evidence to the contrary. Money held in a joint bank account is also presumed to be jointly owned. The old common-law presumption of resulting trust does not apply between spouses — meaning a gift of property from one spouse to another is presumed to be a true gift.

Effective: 1998

The NWT Child Support Guidelines adopt the Federal Child Support Tables, which set the base amount of child support based on the paying parent's annual income and the number of children. Parents may also share special or extraordinary expenses (Section 7 expenses) proportional to their incomes, including childcare, medical and dental insurance, health-related expenses, education, and extracurricular activities.

Effective: 2006