Parenting and Support Act (RSNS 1989, c 160)

Canada has only one ground for divorce: breakdown of marriage. This is established by proving one of three things — the spouses lived separate and apart for at least one year, one spouse committed adultery, or one spouse subjected the other to physical or mental cruelty so severe that living together is intolerable.

Effective: 2021

The most common ground used in Nova Scotia. Spouses must have lived separate and apart for at least one year before the divorce can be granted. You can file the application before the year is up, but the court will not finalize the divorce until the full year has passed. Living under the same roof can still qualify as 'separate and apart' if the marital relationship has ended.

Effective: 2021

If you and your spouse try to reconcile during the one-year separation, you can resume living together for up to 90 days total without restarting the clock. If the reconciliation attempt exceeds 90 days, the entire one-year separation period resets from the beginning.

Effective: 2021

To file for divorce in Nova Scotia, at least one spouse must have been ordinarily resident in the province for at least one year immediately before the application is filed. The case is heard in the Nova Scotia Supreme Court (Family Division), which has province-wide jurisdiction.

Effective: 2021

Before granting a divorce, the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage. If the court is not satisfied that children's needs are adequately addressed, it can refuse to finalize the divorce until proper arrangements are in place.

Effective: 2021

Nova Scotia defines matrimonial assets as the matrimonial home and all other real and personal property acquired by either or both spouses before or during the marriage. Unlike most Canadian provinces, Nova Scotia includes property owned before the marriage in the presumptive equal division — making this one of the broadest property division regimes in Canada.

Effective: 1989

Certain property is exempt from equal division: gifts and inheritances from third parties (unless used for family benefit), court damage awards, insurance proceeds, reasonable personal effects, business assets, property excluded by marriage contract, and property acquired after separation. Business assets are a notable exemption unique to Nova Scotia.

Effective: 1989

Either spouse may apply to the court to divide matrimonial assets in equal shares, regardless of who holds title. The application can be triggered by a divorce petition, annulment application, separation with no reasonable prospect of reconciliation, or the death of a spouse. Equal division is the starting point — the court departs from it only in limited circumstances.

Effective: 1989

The court may order an unequal division where equal sharing would be 'unfair or unconscionable.' Factors include: unreasonable depletion of assets, debts and liabilities, length of cohabitation during the marriage, contributions as homemaker or parent, impact of homemaking on the other spouse's career, appreciation of assets during marriage, pension loss, and tax consequences. The court can also divide exempt property (like business assets) when equal division of matrimonial assets alone would be unfair.

Effective: 1989

The matrimonial home is the dwelling and real property occupied by both spouses as their family residence. Both spouses have an equal right to possess and occupy the home regardless of whose name is on the title. Neither spouse can unilaterally sell, mortgage, or encumber the matrimonial home without the other's written consent or a court order.

Effective: 1989

Even though business assets are generally exempt from equal division, a spouse who contributed work, money, or money's worth to the other spouse's business may seek compensation or a share of that business asset. This provision allows the court to pierce the business asset exemption where one spouse helped build the other's business.

Effective: 1989

Each spouse must file an affidavit-verified statement disclosing all property they own or have an interest in. Full and honest disclosure is required — hiding assets can result in court sanctions and may be grounds to reopen the property division. The court may order confidentiality protections where disclosure would cause hardship.

Effective: 1989

When making any parenting order (decision-making responsibility or parenting time), the court must consider only the best interests of the child. This is the sole test — no other consideration, such as parental preference or past conduct unrelated to parenting, may override the child's best interests.

Effective: 2021

The child's physical, emotional, and psychological safety, security, and well-being is the primary consideration within the best interests analysis. The court examines factors including: the child's needs given age and stage, the nature and strength of each relationship, each parent's willingness to support the child's relationship with the other parent, the child's own views, cultural and Indigenous heritage, each parent's ability to care for and cooperate, and any family violence and its impact.

Effective: 2021

When family violence is alleged, the court must assess: the nature, seriousness, and frequency of the violence; whether there is a pattern of coercive and controlling behaviour; whether the violence was directed at the child or exposed the child indirectly; the physical, emotional, and psychological harm or risk to the child; and what steps have been taken to prevent further violence. Family violence does not need to result in criminal charges to be considered.

Effective: 2021

A child should have as much time with each parent as is consistent with the best interests of the child. This replaced the old 'maximum contact' principle. There is no automatic presumption of equal or shared parenting time — the allocation depends entirely on what serves the child's best interests, including consideration of family violence.

Effective: 2021

A parent with parenting time who intends to relocate must give at least 60 days' written notice to every other person with parenting time or decision-making responsibility. The notice must include the new address and a proposal for how parenting arrangements would change. The court may waive the notice requirement where there is a risk of family violence.

Effective: 2021

Under Nova Scotia's Parenting and Support Act, best interests of the child is the paramount consideration for all parenting arrangements. The provincial factors mirror the federal Divorce Act: child's needs, relationships, cultural heritage (including Indigenous heritage), each parent's ability to care for the child and cooperate, and the impact of any family violence. This applies to married parents who haven't filed for divorce, common-law parents, and other guardians.

Effective: 2022

Both parties have a duty to try to resolve parenting and support matters through a family dispute resolution process (mediation, negotiation, collaborative law) to the extent it is appropriate. Parents must also protect children from conflict arising from the proceedings and provide complete, accurate financial and other information as required.

Effective: 2021

The court may order one spouse to pay support as a lump sum, periodic payments, or both. The four objectives of spousal support are: recognizing the economic advantages or disadvantages from the marriage or its breakdown; sharing the financial consequences of caring for children; relieving economic hardship arising from the breakdown; and promoting each spouse's economic self-sufficiency within a reasonable period. No single objective is paramount — all four are weighed equally.

Effective: 2021

Under Nova Scotia's provincial law, spousal support is available to married spouses who haven't filed for divorce and to common-law partners who cohabited for at least 2 years (or less if they have a child together). Factors include division of roles in the relationship, agreements to maintain the other, terms of any marriage contract, parenting arrangements, and physical or mental disability. The supported spouse has an obligation to work toward self-sufficiency unless unreasonable given age, relationship length, and nature of needs.

Effective: 2015

Child support in Nova Scotia is calculated in accordance with the Federal Child Support Guidelines (or the Nova Scotia Provincial Child Support Guidelines for provincial court matters). The table amount is determined by the paying parent's annual income and the number of children. The table amount is the starting point — the court may adjust it only in specific circumstances such as shared parenting time, undue hardship, or special expenses.

Effective: 2024

On top of the base table amount, parents share special or extraordinary expenses proportionally based on their respective incomes. These include: childcare costs necessary for employment or education, medical and dental insurance premiums, health-related expenses exceeding $100 per year not covered by insurance, expenses for the child's educational programs to meet special needs, post-secondary education expenses, and extracurricular activities.

Effective: 2024

Either parent may claim the table amount causes undue hardship. Grounds include: unusually high debts incurred for family benefit, unusually high costs to exercise parenting time, a legal duty to support persons from another relationship, or an obligation to support a child who is not the subject of the order. Even if hardship is proven, the court must deny the claim if the claimant's household has a higher standard of living than the other household.

Effective: 2024

Either party may apply to vary a child or spousal support order when there has been a change in circumstances since the original order was made. In Nova Scotia, administrative recalculation of child support is available annually under the Family Support Regulations, which can update the amount without going back to court — based on updated income information from the Canada Revenue Agency.

Effective: 2024

Every parent of a child under the age of majority (19 in Nova Scotia) has a legal duty to provide for the reasonable needs of the child. This obligation extends to children over 19 who are unable to support themselves due to illness, disability, or pursuit of education. The court may make interim support orders to ensure children's needs are met while the case is ongoing.

Effective: 2024

Nova Scotia offers three ways to file for divorce: (1) Joint Application — both spouses sign as co-applicants, which is the simplest method and does not require formal service; (2) Application by Written Agreement — one applicant and one respondent, requires service; (3) Petition for Divorce — filed without the other spouse's agreement, requiring personal service and giving the respondent 15 days to respond. All divorces are heard in the Nova Scotia Supreme Court (Family Division).

Effective: 2024

Filing a divorce application in Nova Scotia costs $291.55, which includes a $10 federal divorce registration fee. Filing an answer costs $73.20. Filing an answer with a counter-petition costs $145.80. A self-help divorce kit is available for $24.96 for uncontested cases. Fee waivers may be available for those who cannot afford the filing costs.

Effective: 2024

After the court grants a divorce judgment, there is a mandatory 31-day waiting period before the divorce becomes legally final. This is the appeal period — either party may appeal the judgment during this time. After 31 days, you can request a Certificate of Divorce from the court, which is the official proof that your marriage has been dissolved.

Effective: 2021

When a divorce application involves children, both parents are required to complete a Parenting Information Program. This educational session covers the impact of separation on children, how to communicate effectively as co-parents, and how to reduce conflict. Completion is mandatory and must be done when the case is filed in the Supreme Court (Family Division).

Effective: 2024

The Supreme Court (Family Division) requires a conciliation process as part of the court procedure. A trained court conciliation officer helps the parties identify issues in dispute, ensures all necessary documents are filed, works to reduce conflict, and assists with settlement negotiations. This is not optional — it is built into the court process and aims to resolve matters before trial whenever possible.

Effective: 2024

Every lawyer acting in a divorce matter has a statutory duty to inform their client about mediation, negotiation, collaborative law, and other dispute resolution services that could help resolve the issues without a trial. Lawyers must also advise clients about marriage counselling services. This is a legal obligation, not just a suggestion.

Effective: 2021

Victims of domestic violence can obtain an Emergency Protection Order (EPO) through a Justice of the Peace, available 24/7. The EPO can grant temporary care of children, exclusive occupation of the home, no-contact provisions, temporary possession of personal property, and seizure of weapons. EPOs last up to 30 days and must be reviewed by a Supreme Court Justice within 7 days. Domestic violence includes physical assault, sexual abuse, forced confinement, threats, surveillance, and any series of acts causing fear for safety.

Effective: 2001

Spouses may enter a marriage contract before or during marriage setting out their respective rights and obligations regarding property. The contract must be in writing, signed by both parties, and witnessed — oral agreements are void. A minor with capacity to marry may enter a contract subject to court approval. The court may disregard any provision affecting a child where it is in the child's best interests to do so.

Effective: 1989

The court may vary the terms of a marriage contract or separation agreement where it is satisfied that a term is unconscionable, unduly harsh, or fraudulent. Courts will intervene where there was lack of independent legal advice, hidden assets, pressure or coercion, or severe unfairness. This means prenuptial agreements in Nova Scotia are not automatically binding — they can be overridden if fundamentally unfair.

Effective: 1989

Unmarried couples in Nova Scotia can register a Domestic Partnership for $22.86, which gives them the same property division rights as married spouses under the Matrimonial Property Act. Without registration, common-law partners have no automatic right to equal property division — they must prove unjust enrichment through costly litigation. Registration is the simplest way for unmarried couples to protect their property rights.

Effective: 2001

Nova Scotia's Maintenance Enforcement Program (MEP) is a free government service that enforces court-ordered support payments. All maintenance orders are automatically filed with the program. Enforcement tools include garnishment of wages, liens against real property, suspension of driver's licences and vehicle registrations, pension attachment, federal passport denial, and other licence suspensions. Employers cannot fire or penalize an employee because their wages are being garnished for support.

Effective: 1995

The 2021 Divorce Act amendments introduced a comprehensive definition of family violence that goes beyond physical abuse. It includes: physical and sexual abuse, threats to kill or cause bodily harm, harassment and stalking, psychological abuse, financial abuse, damage to property, and harm or threats to an animal or pet. This definition applies to all parenting and support decisions under the Divorce Act and does not require criminal charges.

Effective: 2021

Spouses may agree to refer any question arising under the Matrimonial Property Act to arbitration instead of going to court. A certified arbitration award is enforceable as if it were a court order. This provides a private, often faster alternative to litigation for resolving property division disputes.

Effective: 1989