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Family Law in Saskatchewan: What You Need to Know

ByCommonSenseLawyer

Not sure where family law begins and ends? From separation versus divorce to child support, spousal support, parenting time, and mandatory dispute resolution, this overview covers the essentials in plain language, without requiring a law degree to understand.

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:

Family law processes are governed by provincial laws. Some legal issues like child support, and spousal support also fall under federal legislation.  You may find it interesting to know that divorce is governed federally and only applies to married spouses.   

What is the Difference Between Separation and Divorce?

Separation occurs when a couple in a long-term spousal relationship part 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?

Shared parenting time is often the goal for Saskatchewan families following separation.  However, this isn’t always feasible. Parenting time and child support are connected to ensure children’s financial needs are met. The best interests of the children should always be the primary consideration in determining parenting arrangements. Mediators and other professionals can help parents build agreements that prioritize the best interests of the children.

What About Decision-Making?

Many families in Saskatchewan agree to sharing decision-making responsibilities for their children. However, in certain situations—such as when there are capacity issues or a significant geographical distance—it may be important for one parent to have 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,collaborative law, parent co-ordination, arbitration, or use the Child Support Calculation Service.  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 you have not reached an agreement, 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 you 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 legal assistance.

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