Family Court vs Supreme Court Family Division in Nova Scotia

If you are separating, you may have heard about both a Family Court and a Supreme Court. Older guides and word of mouth can make it unclear which one you need.

This article explains which court deals with the main family issues in Nova Scotia today, what steps often come with a court application, and how to confirm you are in the right place.

This article covers the law of Nova Scotia.

The short answer: the Family Division

Divorces in Nova Scotia are heard in the Supreme Court of Nova Scotia (Family Division). Since January 1, 2022, all family law matters in the province are handled under Rule 59 of the Civil Procedure Rules, and the Division's jurisdiction expanded gradually to the whole province from March 2020.

That means that for most separating families today, the Family Division is the court to start with, wherever in the province you live.

What the Family Division hears

Spousal support is also dealt with in divorce proceedings under the Divorce Act, which sets out the factors a court considers. A person who is not a spouse, such as a grandparent, needs leave of the court to apply for a contact order or a parenting order under the Divorce Act, unless leave was already obtained under s. 16.1.

On a divorce application, a court may grant a divorce on the sole ground that the marriage has broken down. Breakdown is established if you have lived separate and apart for at least one year immediately before the divorce proceeding is determined, and were living separate and apart when it started. The exception is where the other spouse has committed adultery or treated the applicant with physical or mental cruelty that makes continued cohabitation intolerable, in which case you do not have to wait a year. Living together again for no more than 90 days in total, where the main purpose was a reconciliation attempt, does not end the one-year separation. A divorce takes effect on the 31st day after the day the judgment granting it is rendered.

For child support, the amount for a child under the age of majority is generally the table amount for the payor's province plus any section 7 amount. There are exceptions. Where each parent has the child at least 40% of the time over a year, the court sets support considering the table amount for each parent and the increased costs of shared parenting, and it is not an automatic set-off. Where there are two or more children and each parent has the majority of time with at least one child, the order is the difference between the amounts each parent would otherwise pay. A court can also set a different amount if a parent or child would otherwise suffer undue hardship, but the claim fails if the claiming household would have a higher standard of living than the other household. For a child who has reached the age of majority, the court may apply the Guidelines as if the child were a minor or, if that is inappropriate, set an amount based on the child's condition, means and needs and each parent's ability to contribute.

Why you may still see references to Family Court

An older Family Court guide says the Family Court does not deal with adoptions, divorces, or disputes about family property or estates, and that those belong to the Supreme Court. That guide predates the 2022 unified model.

Because of that, older material can be out of date. Whether a particular older court or office still takes a particular kind of application is something to confirm with the court directly or with a lawyer before you file.

Steps and forms you may meet

• Divorce forms include Form 59.46 (Joint Application for Divorce), Form 59.09 (Petition for Divorce) and Form 59.45 (Application for Divorce by Agreement).
• Practice memorandum forms include FD 12 (Affidavit Supporting an Uncontested Divorce), FD 12A (Joint Application), FD 12B (Petition) and FD 10 (Request for Date Assignment Conference - Divorce). The court's web versions are unofficial, and the Civil Procedure Rules Part 22 forms are the official ones.
• On a contested petition, the respondent's time to respond is 15 days if served in Nova Scotia, 30 days elsewhere in Canada, and 45 days anywhere else.
• The Parent Information Program is mandatory when a court application involving children is filed in the Family Division, though parents can attend voluntarily too.

If both spouses agree on all issues and apply jointly, the file can go to a judge without a hearing.

Settlement options and next steps

The Family Division offers court-based dispute resolution. Conciliation involves a court officer who meets the parties to identify issues and explore settlement, and it is mandatory in some courts for certain applications. Mediation uses a neutral mediator who cannot make orders, and court referral generally needs an active application. Settlement conferences led by a judge are voluntary.

• Identify your issues: divorce, parenting, support, property, or a mix.
• Confirm with the court or a lawyer which form fits your situation.
• Gather income records, dates of separation and details of your children's care.
• Plan to complete the Parent Information Program if children are involved.
• If cost is a concern, ask Nova Scotia Legal Aid about eligibility. Its family coverage includes matters under the Parenting and Support Act and Divorce Act.

If support is ordered, the Maintenance Enforcement Program is a free Nova Scotia service that helps people pay or receive court-ordered child or spousal support, with the payor sending money to the program to pass on to the recipient. Enrolling an order is optional, but the program cannot enforce an order that is not enrolled.

If there is immediate danger, do not wait for court. Emergency protection orders under the Domestic Violence Intervention Act are applied for by telephone. A victim may apply between 9:00 am and 9:00 pm, while designated persons such as peace officers, Victim Services staff and designated transition house staff may apply at any time. If you are in danger outside those hours, contact emergency services.

Frequently asked questions