Representing Yourself in Saskatchewan Family Court: What to Know

Not everyone can afford a lawyer, and some people simply prefer to handle their own family matter. If your situation is fairly simple, such as an uncontested divorce, going to the Court of King's Bench on your own is a realistic option for many people.

This article walks through the main steps, the forms and requirements you are likely to meet, and the mistakes that commonly cause delay. It explains how things generally work. Your situation may be different, and a lawyer can confirm details.

This article covers the law of Saskatchewan.

Start with the simplest route: an uncontested divorce

If you and your spouse agree that the marriage is over and are not fighting about the issues, the Court of King's Bench offers a free Self-Help Divorce Kit for uncontested divorces. It has instructions and one set of forms, and you request it from the Family Law Information Centre (306-787-5837 or 1-888-218-2822).

Family proceedings are governed by Part 15 of the King's Bench Rules. The Part 15 forms include the Petition (Form 15-8A), the application for judgment in an uncontested divorce (Rule 15-76), the affidavit of the petitioner or respondent (Rule 15-78), the judgment (Rule 15-102) and the Certificate of Divorce (Rule 15-103).

The basic steps

• Confirm the court can hear your divorce: either spouse must have been habitually resident in Saskatchewan for at least one year immediately before the proceeding starts.
• Confirm the ground: the only ground for divorce is breakdown of the marriage, usually shown by living separate and apart for at least one year.
• For a new action, the court guidance says you may generally file at any judicial centre; if an action already exists, applications go to the centre where it began.
• Serve the other spouse. The Petition form states it is to be served within 6 months after it is issued unless ordered otherwise.
• Prove service if needed, for example by an affidavit of service in KB Form 12-15 when no acknowledgment of service is available.
• Apply for judgment in the uncontested divorce, then obtain the judgment and Certificate of Divorce.

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

Family dispute resolution comes first

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. The Divorce Act also says parties should try to resolve matters this way to the extent appropriate.

There is an exception. 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. In Saskatoon and Regina, Family Practice Directive #7 lists compliance with the dispute resolution requirement among the pre-conditions to seeking an order, and requires a judicial case conference before certain chambers applications.

When children, support or property are involved

Things become more demanding once there are disputes. 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.

Child support orders must be made in accordance with the applicable guidelines, including interim orders. Income for support starts from the Total income on the T1 General tax form, adjusted under Schedule III, and the court may look at the last three years of income. Married spouses can have property claims under The Family Property Act, and so can unmarried partners who have cohabited continuously as spouses for not less than two years, and family property is generally divided equally unless that would be unfair and inequitable.

If parents cannot agree, a judge may order a parenting assessment by a qualified social worker who does not work for either parent. These are the points where many people decide to at least get advice.

Mistakes to avoid and what to do next

• Do not skip family dispute resolution unless you have an exemption.
• Do not leave service to the last minute; track the 6-month service period on the Petition.
• Do not rely on your own adultery or cruelty as a ground; you cannot.
• Do not assume an agreement is a problem: agreements about separation, support, property or parenting are not collusion.
• Keep copies of everything you file and serve, and note every court date.
• Consider a one-time consultation with a lawyer to review your documents before filing.

Start by requesting the Self-Help Divorce Kit if your divorce is uncontested. If there is violence or urgent risk, tell the court and ask about an exemption rather than trying to negotiate on your own.

Frequently asked questions