Navigating Family Law in Saskatchewan: What You Need to Know
If you are embarking on a family law journey, you likely have many questions and concerns. It can feel overwhelming, especially if you’re not yet ready to hire a family lawyer in Saskatoon. This post provides basic information to help you navigate the family law process in Saskatchewan.
What is Family Law?
Family law in Saskatchewan covers legal processes related to:
Many family law processes are governed by provincial laws. However, some, like divorce and child support, fall under federal legislation.
What is the Difference Between Separation and Divorce?
Separation occurs when a couple in a long-term spousal relationship parts ways, whether they are legally married or in a common-law relationship.
Divorce, on the other hand, is the legal process that officially ends a marriage. In Saskatchewan, married couples typically need to be separated for at least a year before they can apply for a divorce.
Is There Such a Thing as a Legal Separation?
While there is no official legal status called “legal separation,” many people refer to a
separation or
interspousal agreement when discussing legal separation. These agreements often cover the division of property, financial support, and arrangements regarding children, such as
parenting time and
decision-making.
What is the Default for Property Division?
In Saskatchewan, the most common outcome—and what the courts generally aim for—is an equal and equitable division of
family property. However, couples can agree to alternative arrangements if they choose.
What About Spousal Support?
Spousal support in Saskatchewan is often determined using
Spousal Support Advisory Guidelines. While couples can agree on a different amount, it’s essential to understand how and why a deviation from the guidelines might occur. A
support calculator can help determine an appropriate range for
spousal support.
What About Child Support?
Child support in Saskatchewan is governed by federal guidelines. While some couples may wish to waive child support or agree to a different amount, lawyers and judges may raise concerns if the agreement doesn’t align with the federal guidelines. In some cases, a divorce may be delayed until an agreement is reached that meets the
federal child support guidelines.
What is Typical for Parenting Time?
Equal parenting time is often the goal in Saskatchewan family law, as it is preferred by the courts. However, this isn’t always feasible.
Parenting time and
child support are closely linked, with the parent who has more parenting time typically entitled to receive more child support. The
best interests of the children should always be the primary consideration. Mediators and other professionals can help parents build agreements that prioritize the best interests of the children.
What About Decision-Making?
Most families in Saskatchewan prefer shared decision-making for their children. However, in certain situations—such as when there are capacity issues or significant geographical distance—one parent may be given primary decision-making authority.
What if My Former Spouse and I Can’t Agree?
Disagreements are common during separation and divorce. In Saskatchewan, before proceeding with a court application, you must use an
early dispute resolution process such as
mediation. Family law dispute resolution practitioners can help couples reach sustainable agreements, avoiding the need for court intervention. You can find recognized family law dispute resolution practitioners on the
Government of Saskatchewan’s website.
How Do I Apply for a Divorce?
After a year of separation, you can apply for a divorce in Saskatchewan. It’s beneficial to create a separation or interspousal agreement beforehand. If not, you can ask the court to make decisions on property division, spousal support, child support, parenting time, and decision-making. Early family dispute resolution is mandatory in Saskatchewan before going to court. This can save time and money while helping families reach agreements that suit their unique needs. To apply for a divorce, fill out the necessary paperwork and submit it to the court. There is a
self-help kit available to assist you with this process.
Do I Need a Lawyer for Family Law?
While some people navigate family law processes independently, many find value in working with a family lawyer in Saskatoon. Alternative dispute resolution methods like
mediation,
arbitration, or
med/arb can also be useful. A lawyer can offer guidance throughout these processes if needed.
Do You Have More Questions?
If you have more questions about family law in Saskatchewan or need more detailed information, our team of
family lawyers in Saskatoon is here to help. We can provide the guidance and support you need on your family law journey. You can also contact the
Family Law Information Centre for free legal advice and assistance.
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