Forms Needed for an Uncontested Divorce in Saskatchewan

If you and your spouse agree on ending the marriage, the court paperwork can feel like the main hurdle. Knowing which forms exist, and roughly when each is used, makes the process less intimidating.

This article lists the forms named in the King's Bench Rules for family proceedings and explains how they fit together. Always check the current kit, because forms and fees can change.

This article covers the law of Saskatchewan.

Check that you can file in Saskatchewan

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

The only ground for divorce is breakdown of the marriage. It is established if the spouses have lived separate and apart for at least one year before the divorce is determined and were living apart when the proceeding began. It is also established if the other spouse has committed adultery or has treated the applicant with physical or mental cruelty that makes continued cohabitation intolerable. You cannot rely on your own adultery or cruelty. The year only has to be complete when the divorce is determined, so a petition can be filed before the full year has run if it will be complete before judgment.

Spouses can be separate and apart while living under the same roof if one intends to live separately. A period of resumed cohabitation of up to 90 days, made mainly to reconcile, does not interrupt the separation period.

Start with the Self-Help Divorce Kit

The Court of King's Bench offers a free Self-Help Divorce Kit for uncontested divorces. It has instructions and one set of forms. You request it from the Family Law Information Centre at 306-787-5837 or 1-888-218-2822.

The kit is the place to start, and its instructions are meant to guide you through the process. Current fees and any extra documents that apply to your situation are worth confirming with the court or a lawyer. Treat the list below as an overview, not a substitute.

The forms named in the Part 15 rules

The table below lists the forms and documents named in the court rules. Which ones apply to you, and when, depends on your situation, so confirm this with the kit or a lawyer.

Form 15-8A also includes affidavit forms for personal service and for service by alternative mode. Service of court documents is governed by Part 12 of The King's Bench Rules.

What the court must be satisfied about

Before granting a divorce, the court must be satisfied there has been no collusion. 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 children are involved, any child support must follow the applicable guidelines. Parents who have not fully agreed on parenting must complete a parenting course. Saskatchewan's Parenting After Separation Program has two online courses, one standard and one for high-conflict families, in English and French.

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

What to do next

• Confirm that one of you meets the one-year residence test and that your separation timeline works.
• Request the Self-Help Divorce Kit from the Family Law Information Centre.
• Gather your marriage details, your separation date and any written agreements.
• Plan how your spouse will be served and how you will prove service.
• Settle child support, parenting and property terms, ideally in writing, before you apply for judgment.
• Ask a lawyer to review your paperwork if your situation is more than simple, such as property, pensions or children.

How long the process takes in practice varies, so it is best to confirm current timing with the court or a lawyer.

Frequently asked questions