Can I Do My Own Uncontested Divorce in Saskatchewan Without a Lawyer?

If you and your spouse agree that the marriage is over and agree on the main issues, you may be wondering whether you really need a lawyer to get divorced. In Saskatchewan, people are allowed to handle an uncontested divorce themselves, and the court provides some help to do it.

This article walks through what the court's kit offers, the legal requirements you still have to meet on your own, and the points where it makes sense to stop and get advice. It is general information, not advice about your situation.

This article covers the law of Saskatchewan.

Start with the Self-Help Divorce Kit

The Court of King's Bench for Saskatchewan offers a free Self-Help Divorce Kit for uncontested divorces. It includes instructions and one set of forms.

You request the kit from the Family Law Information Centre at 306-787-5837 or 1-888-218-2822. Because the kit is the court's own material, it is the best place to find the current forms and step-by-step instructions, so follow it closely rather than relying on forms or checklists you find elsewhere.

Family proceedings in the Court of King's Bench are governed by Part 15 of the King's Bench Rules. The forms under that Part include the Petition, an application for judgment in an uncontested divorce, the petitioner's or respondent's affidavit, the judgment and the Certificate of Divorce. Which forms you need depends on your situation, so it is worth checking the kit's instructions closely and confirming with a lawyer if you are unsure.

Residence and a ground for divorce

A Saskatchewan court can hear your divorce if either spouse has been habitually resident in Saskatchewan for at least one year immediately before the proceeding starts. Only one of you has to meet this test.

The only ground for divorce is breakdown of the marriage. One way to show it is that you have lived separate and apart for at least one year immediately before the divorce is determined, and were living apart when the proceeding began. The other routes are adultery or physical or mental cruelty by the other spouse that makes living together intolerable. You cannot rely on your own adultery or cruelty.

The year of separation only has to be complete when the divorce is determined, not when you file. You must have been living apart when the proceeding began, so a petition can be filed before the full year has run if the year will be complete before judgment.

• Spouses are treated as living apart for any period when they lived apart and at least one of them intended to live separately.
• You can be separate and apart while living under the same roof, if one of you intends to live separately.
• A period of living together again of up to 90 days, made mainly to try to reconcile, does not interrupt or end the separation period.

Serving the petition and proving service

Your spouse must be given the court documents formally, which is called service. The Petition form states that it is to be served within 6 months after it is issued, unless the court orders otherwise. Service of court documents is governed by Part 12 of The King's Bench Rules.

You also have to prove that service happened. When no acknowledgment of service is available, service can be proved by an affidavit of service in KB Form 12-15. The petition form package includes affidavit forms for personal service and for service by alternative mode. Who may serve and which methods are allowed are set out in the Court's service guide and the rules, so check those before you start.

Parenting, dispute resolution and agreements

If you have children and have not fully agreed on parenting, you must complete a parenting course. Saskatchewan's Parenting After Separation Program has two online courses, one standard and one for high-conflict families, offered in English and French.

Family law matters coming to court in Saskatchewan are required to attempt a family dispute resolution process by the close of pleadings before continuing with further court proceedings. A person can apply to the court for an exemption where there has been interpersonal violence, the other parent has abducted a child, or there is other urgency. The Divorce Act also says parties should try to resolve the issues through a family dispute resolution process to the extent appropriate.

Reaching an agreement with your spouse is a normal part of an uncontested divorce, but the court still checks certain points. The court must be satisfied there has been no collusion, but agreements about separation, support, property or parenting are not collusion. The court must also be satisfied there is no possibility of reconciliation, unless that would clearly be inappropriate.

If the agreement covers child support, the amount must follow the applicable guidelines, so a figure you simply pick may not be accepted.

After judgment, and what to do next

A divorce takes effect on the 31st day after the day the judgment granting it is rendered. A court can order an earlier effective date in special circumstances if the spouses agree not to appeal.

Before you start, it helps to work through a short list:

• Confirm that one of you has lived in Saskatchewan for at least one year.
• Work out your separation date and when the full year will be complete.
• Request the Self-Help Divorce Kit from the Family Law Information Centre.
• Settle parenting, support and property arrangements in writing if you can.
• Register for the parenting course if parenting is not fully agreed.
• Plan how and when the petition will be served, and keep proof of service.

Consider getting legal advice if your spouse will not cooperate or cannot be found, if there is violence or fear for safety, if you disagree about children, support or property, or if you own a business, pensions or a family home. Under The Family Property Act, family property is generally distributed equally between spouses unless the court finds that would be unfair and inequitable, and the court considers factors including any written agreement and how long you cohabited. The family home has a stricter test for an unequal split. A lawyer can also review your paperwork before you file.

Frequently asked questions