Which Court Handles Family Law Cases in Nova Scotia?

When a relationship ends, one of the first questions is where to go. You may have heard of Family Court, the Supreme Court, and the Family Division, and it is not obvious which one applies to your situation.

This article explains which court deals with which issues in Nova Scotia, why older information can be confusing, and how to take the first step once you know where your matter belongs.

This article covers the law of Nova Scotia.

The short answer: the Supreme Court (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.

The Division's reach grew gradually. Its jurisdiction expanded to the whole province from March 2020. So where you live in Nova Scotia is no longer the main question the way it once may have been.

Which issues the Family Division hears

The Supreme Court (Family Division) hears a wide range of issues that often arise together.

Because one court handles all of these, you do not generally need to split a separation across different courts.

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.

If you find older brochures, websites or advice that describe a split between the two courts, treat them as possibly out of date. Whether the Family Court still operates for any particular purpose is something to confirm with the court or a lawyer rather than assume.

How to choose where to start

For most people the choice is simpler than it sounds: your family law application starts in the Supreme Court (Family Division) under Rule 59. What changes is the type of paperwork, which depends on what you are asking for and whether you and your spouse agree.

• For a divorce, the Family Division has forms such as 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 for divorce include FD 12, FD 12A, FD 12B and FD 10.
• The court's web versions of forms are unofficial, and the Civil Procedure Rules Part 22 forms are the official ones.
• If your application involves children, the Parent Information Program is mandatory when it is filed, though parents can also attend voluntarily.

The Family Division also offers court-based dispute resolution, including conciliation, mediation and voluntary judge-led settlement conferences.

What to do next

• Write down what you need decided: divorce, parenting, support, property, or a mix.
• Gather basic documents such as your marriage details, income records and information about your children.
• Check the current Family Division information and the official forms before you file.
• If cost is a concern, ask Nova Scotia Legal Aid whether you qualify; its family coverage includes matters under the Parenting and Support Act, Divorce Act and Children and Family Services Act.
• Speak with a lawyer if your situation involves safety concerns, urgent deadlines or a dispute over property.

Frequently asked questions