The Family Law Act (SS 2020, c 2)

A Saskatchewan court may grant a divorce on the sole ground that the marriage has broken down. Breakdown is established by living separate and apart for at least one year, or by proving adultery or physical or mental cruelty by one spouse. The one-year separation is by far the most common ground used.

Effective: 2021

Spouses may attempt reconciliation by living together for one or more periods totalling up to 90 days without restarting the one-year separation clock. If the attempt fails, the earlier separation date still counts. This provision encourages reconciliation without penalizing spouses who try.

Effective: 2021

Saskatchewan's Family Property Act defines 'spouse' to include both married persons and couples who have cohabited continuously for at least two years. This means unmarried partners who meet the two-year threshold have the same property division rights as married couples — a significant protection that not all provinces offer.

Effective: 2001

For maintenance (support) purposes, 'spouse' includes married persons, those who have cohabited for two or more years, or those in a relationship of some permanence who are parents of a child together. This broad definition ensures support obligations apply to common-law and shorter relationships where children are involved.

Effective: 1997

Saskatchewan presumes an equal (50/50) division of all family property upon separation or divorce. The court may order an unequal division based on factors including the length of cohabitation, when property was acquired, third-party contributions, dissipation of assets, tax consequences, debts, and 'any other relevant fact.' The burden is on the spouse seeking an unequal split to justify it.

Effective: 1997

The family home receives special protection under Saskatchewan law. An unequal division of the family home requires proof of 'extraordinary circumstances' — a much higher bar than for other property. The court must also consider whether an unequal split would be unfair to the spouse who has decision-making responsibility for the children. This makes the family home very difficult to keep entirely for one spouse.

Effective: 1997

Property owned by a spouse before the relationship, gifts received from third parties, and inheritances are generally exempt from division. However, there is a critical exception: exemptions do NOT apply to the family home or household goods, regardless of when or how they were acquired. Additionally, any increase in value of exempt property during the relationship IS subject to division.

Effective: 1997

Either spouse may apply for exclusive possession of the family home or household goods, regardless of who holds legal title. The court can grant one spouse the right to live in the home and use household goods while the other is excluded. This is often used as an interim measure to maintain stability for children during the separation process.

Effective: 1997

The court shall not consider 'immoral or improper conduct' when dividing family property. The only exception is conduct that amounts to dissipation (wasting or hiding assets) or that was 'substantially detrimental' to the family's financial standing. This means an affair, for example, has no bearing on property division — but gambling away the savings does.

Effective: 1997

Spouses may enter into an interspousal contract to opt out of the equal division rules. The contract must be in writing, signed by both spouses in the presence of a witness, and each spouse must receive independent legal advice. A court can set aside a contract if a spouse did not understand its nature or consequences, did not receive independent legal advice, or if other circumstances make enforcement 'inequitable.'

Effective: 1997

If one spouse has given away or sold family property for less than fair value to defeat the other spouse's property claim, the court may order the return of that property or compensation. The court can also issue a restraining order to prevent a spouse from disposing of, transferring, or encumbering family property while proceedings are underway.

Effective: 1997

The primary consideration in all parenting decisions is the child's physical, emotional, and psychological safety, security, and well-being. The factors list mirrors the federal Divorce Act's 2021 amendments and includes the child's needs, the nature and strength of relationships, each parent's willingness to support the child's relationship with the other parent, the child's views and preferences, and any history of family violence.

Effective: 2021

Both parents are joint legal decision-makers with equal rights unless a court order or agreement provides otherwise. This means both parents share authority over major decisions about the child's education, health, religion, and extracurricular activities — regardless of which parent the child lives with primarily.

Effective: 2021

There is no presumption in Saskatchewan law that one parent is better suited than the other based on gender. Neither the mother nor the father starts with any advantage. The court decides based entirely on the best interests of the child, considering the specific facts of each family's situation.

Effective: 2021

A parent who wants to relocate with a child must give 60 days' written notice. If no objection is filed within 30 days, the relocation is authorized. If objected to, the court applies additional best-interests factors including the reason for the move, the impact on the child's relationships, and whether the move is made in good faith. The burden of proof depends on the existing parenting arrangement.

Effective: 2021

Saskatchewan allows the court to appoint a parenting coordinator to help resolve ongoing day-to-day disputes about parenting arrangements. Coordinators must be licensed professionals (lawyers, psychologists, or social workers) with at least five years of family practice experience and 40 hours of specialized training. Their determinations on routine matters are binding and enforceable as court orders when filed.

Effective: 2021

For married couples divorcing under the federal Divorce Act, the court considers detailed factors: the child's needs and stage of development, each parent's ability and willingness to care for the child, the child's relationships, the child's views and preferences, each parent's willingness to support the child's relationship with the other parent, plans for the child's care, and the impact of any family violence on the child's well-being.

Effective: 2021

The Divorce Act's 2021 relocation provisions require 60 days' notice for a proposed relocation that would have a significant impact on the child's relationship with other persons. The burden of proof is allocated based on existing parenting time: if substantially equal, the relocating parent must show the move is in the child's best interests; if the child spends most time with the relocating parent, the objecting party bears the burden.

Effective: 2021

Parents have an obligation to support their children. Child support is determined in accordance with the Federal Child Support Guidelines, which calculate the base amount using tables based on the paying parent's income and the number of children. The court must order support per the guidelines; any deviation requires the judge to record reasons. 'Parent' includes biological, adoptive, and in loco parentis (someone who has treated the child as their own).

Effective: 1997

For divorcing married couples, the court orders child support in accordance with the Federal Child Support Guidelines (SOR/97-175). The guidelines use income-based tables that vary by province and number of children. Section 7 of the guidelines covers special or extraordinary expenses (childcare, health insurance, extracurricular activities, post-secondary education) shared proportionally to each parent's income.

Effective: 2021

Saskatchewan offers an administrative child support service that can calculate and recalculate child support amounts without going to court. The service applies the Federal Child Support Guidelines tables based on updated income information. If a parent fails to disclose income, the service can deem an income increase. This system makes it faster and cheaper to keep child support amounts current as incomes change.

Effective: 2023

There is no automatic entitlement to spousal support in Saskatchewan. The court may order maintenance where a spouse needs support, to the extent the other spouse is capable of providing it. The objectives include recognizing economic advantages and disadvantages arising from the relationship and promoting self-sufficiency. Spousal support can be ordered for both married and common-law spouses.

Effective: 1997

The court considers each spouse's age, physical and mental health, length of cohabitation, measures available for financial independence (and the time and cost to achieve it), and any legal obligation to support another person. The court shall NOT consider misconduct of a spouse when determining the amount of support.

Effective: 1997

For divorcing married couples, the court considers the condition, means, needs, and other circumstances of each spouse. The four objectives are: recognizing economic advantages or disadvantages from the marriage, apportioning the financial consequences of caring for children, relieving economic hardship arising from the marriage breakdown, and promoting economic self-sufficiency within a reasonable period. Misconduct is not a factor.

Effective: 2021

When a paying spouse cannot afford both full child support and spousal support, child support takes priority. If spousal support is reduced or denied because of this priority, that reduction becomes a 'change of circumstances' that can be used to seek spousal support later when the child support obligation decreases or ends.

Effective: 1997

Either party may apply to vary a maintenance order if there has been a material change in circumstances since the order was made. For definite-period spousal support, variation is only available to relieve economic hardship arising from a change that is connected to the marriage or relationship. This prevents indefinite reopening of support orders that were intended to have a clear end date.

Effective: 1997

Saskatchewan requires all parties in family law proceedings to attempt family dispute resolution (mediation, collaborative law, or another non-court process) before the court will proceed with the case. This must be completed by the close of pleadings. Exemptions are available where there is interpersonal violence, a risk of child abduction, or other urgent circumstances that make dispute resolution inappropriate or unsafe.

Effective: 2023

When parenting arrangements or child support is at issue, both parties must complete a parenting education program within the past 24 months. The program helps parents understand the impact of separation on children and encourages cooperative co-parenting. Confirmation of completion is required during court proceedings.

Effective: 2023

The most common path to divorce in Saskatchewan is the one-year separation. Spouses must have lived separate and apart for at least one year before the divorce is granted. A petition can be filed during the separation period, but the divorce order cannot be issued until one year has passed. Spouses can live under the same roof and still be 'separate and apart' if they have clearly ended the marital relationship.

Effective: 2021

The 2021 Divorce Act amendments impose a duty on both parties and their lawyers to try to resolve matters through a family dispute resolution process, to the extent appropriate. Lawyers must specifically encourage clients to attempt dispute resolution, inform them of available family justice services, and advise them of their obligations under the Act. This duty does not apply where family violence makes it inappropriate.

Effective: 2021

A written agreement containing maintenance provisions may be filed with the Court of King's Bench and enforced as if it were a court order. This means that if one party stops paying support as agreed, the other party can use court enforcement mechanisms (garnishment, property seizure, license suspension) without having to go through a full trial first.

Effective: 1997

A property division application cannot be made after a divorce has been granted. For unmarried common-law spouses, the application must be made within 24 months of the couple ceasing to live together. Missing these deadlines can permanently forfeit property division rights, making it critical to file promptly after separation.

Effective: 1997

A victim of interpersonal violence can obtain an Emergency Intervention Order from a designated Justice of the Peace 24 hours a day, 7 days a week, without notifying the abuser in advance. The order may require the abuser to leave the family home, prohibit contact with the victim, grant exclusive possession of the home, and allow supervised removal of personal belongings. A judge must review the order within 3 business days.

Effective: 2025

For non-emergency situations, a victim may apply to the Court of King's Bench for a Victim's Assistance Order. These orders can include everything in an Emergency Intervention Order plus monetary compensation, temporary possession of specific property, prohibition from attending the victim's workplace or other regular locations, and no-contact with the victim's family members. Breaching either type of order is a criminal offence.

Effective: 2025

The Cyberstalking and Coercive Control Act (2025) expanded Saskatchewan's definition of 'interpersonal violence' to include cyberstalking, online harassment, and coercive or controlling behaviour. This means victims can now obtain protection orders against patterns of control — not just physical violence — including financial abuse, isolation, monitoring, and threats made through technology.

Effective: 2025

Saskatchewan allows spouses (married or common-law) to contract out of the equal property division rules through an interspousal contract. Strict formalities apply: the agreement must be in writing, signed by both parties before a witness, and each party must receive independent legal advice. A court can set aside a contract if a spouse did not understand its nature or consequences, or if enforcement would be inequitable.

Effective: 1997

If a parent withholds a child in violation of a parenting order, the court may direct a sheriff or peace officer to locate, apprehend, and deliver the child to the proper person. The court can also issue restraining orders against harassment and order the return of a child who has been wrongfully removed from the province. These enforcement tools exist alongside criminal remedies for parental abduction.

Effective: 2021

Saskatchewan's modern parentage rules address surrogacy agreements, posthumous conception, and assisted reproduction. A court may make declaratory orders about parentage. Parentage can be established by written acknowledgment, blood tests, or court order. The Act also provides for the recognition of parentage determinations made in other Canadian provinces and internationally.

Effective: 2021

A victim of interpersonal violence may end a residential tenancy early by applying to the Victims Services Branch with a court order or a statement from a designated professional (such as a doctor, nurse, or shelter worker). This allows victims to break their lease without financial penalty, removing a common barrier that prevents people from leaving abusive situations.

Effective: 2025