- A Manitoba court can hear a divorce if either spouse has been habitually resident in Manitoba for at least one year.
- If neither spouse has lived here for a year, a Manitoba court cannot grant the divorce yet.
- A case only about parenting or support after divorce has no one-year minimum.
You may have recently moved to Manitoba, or your spouse may have. Before you think about forms and fees, there is a basic question: can a Manitoba court hear your divorce at all? The answer depends partly on how long someone has lived here.
This article explains the residence rule in the federal Divorce Act, who has to meet it, what happens if nobody does yet, and how it differs from the separation requirement. It is general information, and a lawyer can confirm how it applies to your situation.
This article covers the law of Manitoba.
The one-year residence rule
A provincial court can hear a divorce proceeding under the Divorce Act if either spouse has been habitually resident in the province for at least one year. The statute uses the words "habitually resident", not "ordinarily resident". In plain terms, it is about where a person's real home has been, not just where they have stayed for a short time.
Whether a particular person was habitually resident in Manitoba can depend on the facts, such as where they lived, worked and kept their home. If your history is mixed, it is worth getting advice.
Only one spouse has to qualify
The test is met if either spouse has been habitually resident in Manitoba for at least one year. The spouse who files does not have to be the one who meets it.
- You moved here six months ago but your spouse has lived here for years: the test can still be met through your spouse.
- You have lived here for years and your spouse lives elsewhere: the test can be met through you.
- Neither of you has been resident for a year: the test is not met.
If neither spouse has lived here for a year
If neither spouse meets the one-year test, a Manitoba court has no jurisdiction to grant the divorce. You must wait until one of you has been resident for a year, or use the court of a province or territory where one of you has been resident for a year.
Waiting does not necessarily stop other planning. Many people use that time to gather documents and sort out practical arrangements for children and finances.
Related rules that can affect where you file
| Situation | What the rule says |
|---|---|
| Two divorce cases started in different courts on different days | The court where the earlier case began has exclusive jurisdiction, and the later one is deemed discontinued |
| Divorce itself | Needs the one-year residence of either spouse |
| Only parenting or support after the divorce (corollary relief) | Either former spouse habitually resident in Manitoba when the case starts, or both former spouses accept the court's jurisdiction; no one-year minimum |
| Duplicate corollary relief cases in different courts | The later one is deemed discontinued if the earlier one is not discontinued |
Because of the first-filed rule, a race to the courthouse can matter if your spouse might file somewhere else. If that is a possibility, speak to a lawyer promptly.
Residence is not the same as separation
The residence test is separate from the separation ground. Breakdown of the marriage by separation is established only if the spouses have lived separate and apart for at least one year before the divorce is determined and were separated when the case began. There are other ways to show breakdown, such as adultery or cruelty.
You can file before a full year of separation has passed, but the separation year must be complete before the divorce is determined. So you may need to meet two different one-year tests, and they are counted differently.
Divorce is for legally married couples. The Divorce Act applies to marriages, so common-law partners cannot obtain a divorce under it.
What to do next
- Write down where each of you has lived, and since when, over the past few years.
- Find your marriage certificate, which must be filed in the Family Division for a divorce.
- Remember that a divorce is filed in the Court of King's Bench (Family Division).
- Check whether your spouse has started a case anywhere else.
- Get legal advice if the residence history is unclear or a case may already exist elsewhere.
Frequently asked questions
Do both of us need to have lived in Manitoba for a year?
No. The test is met if either spouse has been habitually resident in Manitoba for at least one year, and the spouse who files does not have to be that person.
What if I moved to Manitoba only a few months ago?
If neither you nor your spouse has been resident for a year, a Manitoba court cannot grant the divorce. You can wait until one of you reaches a year, or use the court of a province or territory where one of you has been resident for a year.
Does the one-year rule apply to parenting or support cases after divorce?
Not in the same way. For a case only about corollary relief, either former spouse being habitually resident in Manitoba when it starts is enough, or both former spouses can accept the court's jurisdiction.
Can common-law partners get a divorce in Manitoba?
No. The Divorce Act applies to marriages, not common-law relationships. A lawyer can explain what options exist for ending a common-law relationship.
Sources
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 3(1) — Justice Laws (federal)
- Divorce Act, s. 8(2)(a) — Justice Laws (federal)
- Manitoba Courts – Family Division FAQ — manitobacourts.mb.ca
- Manitoba Family Law – Family Division Procedures — gov.mb.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
An uncontested divorce with us is from $1,678.88, tax included. Third-party fees are extra.