Does Legal Aid Saskatchewan Cover Family Law Cases?

If you have a low income and a family law problem, hiring a lawyer can feel out of reach. Many people in Saskatchewan ask whether Legal Aid Saskatchewan will help with parenting, support or divorce.

This article explains the family matters people usually bring forward, what to ask Legal Aid, and what other supports exist. Coverage and income limits can change and can differ between offices, so treat this as a guide to your questions rather than a promise of help.

This article covers the law of Saskatchewan.

Which family matters people ask about

Family law covers several separate issues, and coverage can differ for each one. Common ones are:

• Divorce, where the only ground is marriage breakdown.
• Decision-making responsibility and parenting time, the terms that replaced custody and access in Saskatchewan since March 1, 2021.
• Child support, which must follow the applicable guidelines.
• Spousal support, which a court may order as lump-sum or periodic payments.
• Property division under The Family Property Act.
• Urgent safety matters, such as an emergency intervention order.

When you contact Legal Aid, say which of these you need. A yes for one issue is not necessarily a yes for another.

Who qualifies and how to find out

Who qualifies for help, and which family issues are covered, depends on your situation and is worth confirming directly with Legal Aid Saskatchewan. The exact limits can differ by office and over time. Some offices have also run pilot programs for family law, so what is offered where you live may not match what a friend received elsewhere. Do not assume you are in or out; ask.

Questions worth asking when you call or apply:

• Is my type of family matter covered right now?
• What is the income guideline for my household size?
• Do I need to apply at a particular office?
• Can I get full representation, or only advice and limited help?
• What documents should I bring?

What courts expect, whoever helps you

Whether or not you have a lawyer, some steps apply. Since July 1, 2022, family law matters coming to court anywhere in Saskatchewan are required to attempt a family dispute resolution process by the close of pleadings before continuing with further court proceedings. You 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.

Parents who have not fully agreed on parenting must also complete a parenting course. The Parenting After Separation Program has two online courses, one standard and one for high-conflict families, in English and French. Knowing about these early helps you plan, and a legal aid lawyer or a private lawyer will ask about them.

Other help if Legal Aid does not cover you

If you are told your case is not covered, there are still options. For an uncontested divorce, the Court of King's Bench offers a free Self-Help Divorce Kit with instructions and one set of forms. You request it from the Family Law Information Centre at 306-787-5837 or 1-888-218-2822.

Family dispute resolution may also cost less than court. Section 7-4 of The King's Bench Act, 2023 deals with family mediation by recognized family mediators. Divorce law itself encourages parties to try to resolve matters through a family dispute resolution process to the extent appropriate. Agreements about separation, support, property or parenting are not collusion.

If there is violence, do not wait for legal aid decisions. A designated justice of the peace can grant an emergency intervention order without notice when urgency means the matter should not wait for a judge.

What to do next

• List the issues you need help with: divorce, parenting, support, property or safety.
• Gather income information for you and your household.
• Contact Legal Aid Saskatchewan and ask the questions above.
• Ask the Family Law Information Centre about the Self-Help Divorce Kit if your divorce is uncontested.
• Register for the Parenting After Separation Program if parenting is not fully agreed.
• Write down any court dates and deadlines so none are missed.

If you are refused, ask why and whether you can appeal or reapply if your situation changes.

Frequently asked questions