Family Law Act (CSNu, c F-30)

Divorce in Nunavut is governed by the federal Divorce Act. The only ground is 'breakdown of the marriage,' established by living separate and apart for at least one year, or by adultery or physical or mental cruelty. One year of separation is the most commonly used ground across Canada.

Effective: 2024

A Nunavut court has jurisdiction to hear a divorce only if either spouse has been habitually resident in Nunavut for at least one year immediately before starting the proceeding. Nunavut has no separate territorial residency requirement beyond this federal rule.

Effective: 2024

Under the Family Law Act, 'spouse' means a person who is married to another person, or has lived in a conjugal relationship outside marriage for at least two years, or is in a relationship of some permanence and together they are the natural or adoptive parents of a child. This broad definition extends property and support rights to common-law partners.

Effective: 2024

Nunavut uses an equalization system similar to Ontario's. Each spouse's 'net family property' is calculated by taking their total assets on the valuation date, minus debts and liabilities, minus the value of property owned at the start of the relationship. Excluded property includes gifts, inheritances, and insurance proceeds, as well as property excluded by a domestic contract. The onus of proving a deduction or exclusion rests on the person claiming it.

Effective: 2024

The spouse with the lower net family property is entitled to one-half the difference between the two spouses' net family properties. The court may award a different amount if equalization would be 'unconscionable,' considering factors such as whether a spouse incurred debts recklessly or failed to disclose debts. The purpose is to recognize that child care, household management, and financial provision are joint contributions to the relationship.

Effective: 2024

Either spouse may apply to the Nunavut Court of Justice for equalization of net family property. Each party must file a statement disclosing all property, debts, and liabilities at the commencement date, valuation date, and date of the statement. The court may order lump sum payment, transfer of property, or payments over time. The court may also order financial information disclosure and inspections.

Effective: 2024

A court order for property division must not require the sale of an operating business or seriously impair its operation unless there is no reasonable alternative. Instead, the court may order one spouse to pay the other a share of business profits or transfer corporate shares.

Effective: 2024

Where one spouse's interests need protection during a property dispute, the court may restrain the other spouse from depleting their property and order the safekeeping, preservation, and delivery of that property. This prevents a spouse from hiding or dissipating assets before equalization is determined.

Effective: 2024

Both spouses have an equal right to possession of the family home regardless of who holds title. Neither spouse may sell, mortgage, or lease the family home without the other's written consent. The court may grant one spouse exclusive possession based on factors including the best interests of any children and the availability of other suitable housing. Exclusive possession rights for unmarried spouses expire six months after separation unless extended by court order. A surviving spouse is entitled to possession for 60 days after the other spouse's death.

Effective: 2024

Under the 2021 Divorce Act amendments, courts may make 'parenting orders' allocating parenting time and decision-making responsibility. These orders replace the old 'custody' and 'access' framework. Either spouse, or a person who stands in the place of a parent, may apply. The person with parenting time has authority to make day-to-day decisions during that time.

Effective: 2024

The best interests of the child is the only consideration in making parenting orders. The court must consider factors including the child's needs, the nature of the child's relationship with each parent, each parent's willingness to support the child's relationship with the other parent, the child's cultural, linguistic, religious, and spiritual upbringing (including Indigenous heritage), and any family violence and its impact on the child.

Effective: 2024

Decision-making responsibility covers significant decisions about the child's well-being, including health care, education, culture, language, religion, and significant extracurricular activities. It may be allocated to one spouse, both spouses jointly, another person, or any combination. This replaces what was previously called 'custody.'

Effective: 2024

Under Nunavut's Children's Law Act (CSNu, c C-70), the best interests of the child standard applies to all custody and access determinations. The court must consider the child's needs, emotional ties, cultural and linguistic upbringing, each person's ability to care for the child, and the willingness to foster the child's relationship with the other parent. Importantly, the court must recognize that 'differing cultural values and practices must be respected' — reflecting Inuit values in family decisions. Acts of violence and past conduct are additional mandatory considerations.

Effective: 2024

Both parents are equally entitled to custody of their child. A person with custody has the full rights and responsibilities of a parent, including the authority to act for and on behalf of the child. Where parents live separately, the parent with whom the child resides has the rights and responsibilities of a custodial parent. Either parent may apply to the court for a custody or access order.

Effective: 2024

A court may vary an existing custody or access order only where there has been a material change in circumstances that affects or is likely to affect the best interests of the child. This prevents constant relitigation and requires demonstrating a significant change since the original order was made.

Effective: 2024

A parent with parenting time who intends to relocate must provide at least 60 days' written notice to the other parent. If the parents cannot agree, the court decides based on the best interests of the child. The burden of proof depends on the parenting arrangement — if the child spends most of their time with the relocating parent, the other parent must show the move is not in the child's best interests.

Effective: 2024

Under the Children's Law Act, every parent has an obligation to support their child. Either parent or the territorial government (if providing assistance) may apply for a child support order. The court must apply the 'applicable guidelines' — which in Nunavut means the Federal Child Support Guidelines — to determine the amount. The guidelines use income-based tables to calculate a presumptive amount based on the paying parent's income and the number of children.

Effective: 2024

The court may order a different amount than the guidelines prescribe if it finds that applying the standard tables would be 'inequitable' given the special provisions of the guidelines (such as shared parenting time exceeding 40%, undue hardship, or a child over the age of majority). The court must provide written reasons whenever it departs from the guideline amount.

Effective: 2024

A child support order may be varied where there is new evidence not available at the original hearing, or a material change in circumstances of either parent or the child. The court applies the applicable guidelines when recalculating the amount. Applications to vary cannot be brought within six months of the previous order or variation unless the court grants special leave.

Effective: 2024

During a relationship, each spouse has an obligation to support themselves and the other spouse according to need and ability. On breakdown, the economic advantages and disadvantages of the relationship should be equitably shared. The court considers factors including the spouses' contributions, the effect of child care on earning capacity, and whether one spouse suffers economic hardship not adequately addressed by property division. Support orders aim to help the disadvantaged spouse become self-supporting.

Effective: 2024

A court may vary a spousal support order where new evidence has become available or there has been a material change in circumstances. The court may discharge, vary, or suspend the order prospectively or retroactively, and may relieve the payer from some or all arrears. No variation application may be brought within six months of the previous order unless the court grants leave.

Effective: 2024

When divorce proceedings are underway, spousal support may also be sought under the federal Divorce Act. The court considers the condition, means, needs, and circumstances of each spouse, including the length of the relationship, roles assumed during it, and any existing support orders or agreements. The objectives include recognizing economic disadvantages arising from the marriage, fairly apportioning financial consequences of child care, relieving economic hardship, and promoting self-sufficiency within a reasonable period.

Effective: 2024

Spouses may enter into marriage contracts, cohabitation agreements, or separation agreements covering property division, support, and other matters. All domestic contracts must be in writing, signed by both parties, and witnessed to be enforceable. A cohabitation agreement automatically becomes a marriage contract if the parties marry. A court may set aside a domestic contract where a party failed to disclose significant assets or debts, did not understand the contract's nature, or the contract is unconscionable.

Effective: 2024

In any property application, each party must serve and file a detailed statement disclosing all property, debts, and liabilities at the commencement date, valuation date, and current date, including any exclusions or deductions claimed and all property disposed of in the two years before the statement. Full financial disclosure is mandatory in Nunavut family law proceedings.

Effective: 2024

The court may order or the parties may agree to mediation in any family law proceeding. The mediator must consent to act and has a duty to assess whether mediation is appropriate given the circumstances. Mediation reports may be filed with the court, but admissions made during mediation are confidential and cannot be used as evidence in other proceedings without the consent of the parties.

Effective: 2024

If a court is satisfied that a respondent in a support proceeding is about to leave Nunavut and likely intends to evade their support obligations, the court may issue a warrant for the respondent's arrest. This emergency measure prevents a support debtor from fleeing the jurisdiction before obligations are determined.

Effective: 2024

Under the 2021 Divorce Act amendments, both parties must exercise parenting time and decision-making responsibility consistently with the child's best interests, protect children from parental conflict, try family dispute resolution before going to court, and provide complete and accurate financial information. Lawyers must also inform clients about family dispute resolution options and encourage their use.

Effective: 2024

Nunavut's Family Abuse Intervention Act provides civil remedies for family abuse. A justice of the peace can issue an Emergency Protection Order quickly and without notice to the abuser, granting the victim exclusive possession of the home, temporary custody of children, and prohibiting contact. This Act was specifically designed to reflect Inuit values and cultural approaches to resolving family conflict. It also addresses elder abuse.

Effective: 2024

Beyond emergency protection, the Family Abuse Intervention Act allows Community Intervention Orders lasting up to three years. These orders restrain the abuser from further abuse and require both parties to attend counselling — including with Elders and community-identified counsellors. Assistance Orders provide longer-term safety protections, and Compensation Orders can award the victim financial compensation for losses caused by abuse.

Effective: 2024

A court may set aside a domestic contract or any provision in it where: a party failed to disclose significant assets, debts, or liabilities; a party did not understand the nature or consequences of the contract; or there are grounds under the general law of contract (such as duress or unconscionability). Prenuptial and cohabitation agreements are enforceable in Nunavut but must meet these fairness requirements.

Effective: 2024

The court may grant one spouse exclusive possession of the family home based on factors including the best interests of any children, existing property or support orders, the financial position of both spouses, any domestic violence, and the availability of other suitable and affordable housing. Violating an exclusive possession order is a criminal offence, and the respondent may be arrested without a warrant.

Effective: 2024

A domestic contract made in another jurisdiction is valid and enforceable in Nunavut if it complies with the law of the jurisdiction where it was made, or alternatively if it complies with Nunavut law. However, provisions about custody, access, and guardianship of children in out-of-territory agreements are not enforceable in Nunavut — the court always applies the best interests of the child standard.

Effective: 2024

A court may set aside a support provision in a domestic contract and order support if: the provision results in 'unconscionable circumstances,' the spouse qualifies for public assistance, or there is a default of at least three months in making support payments under the contract. This ensures no domestic contract can leave a spouse destitute regardless of what was agreed.

Effective: 2024