Joint Divorce Application in Saskatchewan: How It Works

Some couples agree on everything and wonder whether they can apply for a divorce together instead of one person starting a case against the other. It is a sensible question when you are both on good terms.

This article explains what agreeing spouses still have to show, how the Saskatchewan court forms are set up, and how to confirm what is available before you file.

This article covers the law of Saskatchewan.

Is a joint application available?

The family forms listed under Part 15 of the King's Bench Rules include the Petition (Form 15-8A), an application for judgment in an uncontested divorce, the affidavit, the judgment and the Certificate of Divorce. In that set, one spouse starts the case by Petition and the other is the respondent.

Whether the court accepts a single joint filing in place of that approach is something to confirm directly before you prepare anything. The Family Law Information Centre handles requests for the court's Self-Help Divorce Kit, so it is a sensible place to ask. A lawyer can also confirm the current practice.

How an agreed divorce differs from a contested one

Even if you cooperate fully, the court still needs a proper starting document. The Petition states it is to be served within 6 months after it is issued unless ordered otherwise. If the other spouse does not sign an acknowledgment of service, service can be proved by an affidavit of service in KB Form 12-15.

What changes when you agree is the path afterwards. The case can proceed as an uncontested divorce, using the application for judgment under Rule 15-76 and the affidavit under Rule 15-78.

The court offers a free Self-Help Divorce Kit for uncontested divorces, with instructions and one set of forms.

What you both still have to meet

• Residence: a court can hear the divorce if either spouse has been habitually resident in Saskatchewan for at least one year immediately before the proceeding starts.
• Ground: the only ground is breakdown of the marriage, shown either by living separate and apart for at least one year before the divorce is determined (and living apart when the proceeding began), or by the other spouse's adultery or cruelty that makes continued cohabitation intolerable; you cannot rely on your own adultery or cruelty.
• Timing: the year must be complete when the divorce is determined, not before filing.
• Separation under one roof: spouses can be separate and apart in the same home if one intends to live separately.
• Reconciliation attempts: up to 90 days of resumed cohabitation made mainly to reconcile does not interrupt the separation period.

The court must also be satisfied there has been no collusion, and an agreement about separation, support, property or parenting is not collusion. So reaching agreement on those matters is not, on its own, a problem.

The court must also be satisfied there is no possibility of reconciliation, unless that would clearly be inappropriate. Once a divorce is granted, it takes effect on the 31st day after the day the judgment is rendered. A court can order an earlier date in special circumstances if the spouses agree not to appeal.

Children, support and property in an agreed divorce

If you have children, child support orders must follow the applicable guidelines, including interim orders. The presumptive amount is the table amount for the paying spouse's province plus any special or extraordinary expenses. Where each parent has at least 40% of parenting time, the amount is set differently.

On parenting, the Divorce Act uses the term decision-making responsibility for significant decisions about a child's well-being, including health, education, culture, language, religion and spirituality, and significant extra-curricular activities. It uses parenting time for the time a child spends in the care of a person, and the two are separate.

Parents who have not fully agreed on parenting must complete a parenting course through the Parenting After Separation Program. Property division under The Family Property Act starts from an equal distribution unless that would be unfair and inequitable.

Your wills also deserve attention. On divorce, a gift to a former spouse and their appointment as executor are revoked unless the will says otherwise.

What to do next

• Ask the Family Law Information Centre about the Self-Help Divorce Kit and whether a joint approach is open to you.
• Write down your agreement on parenting, support and property.
• Confirm your separation date and residence history.
• Decide who will start the case and how service will be handled.
• Collect identity and marriage details for both spouses.
• Have a lawyer review your agreement before it is filed or signed.

Frequently asked questions