Separation occurs when a couple decides to live apart from each other for any number of reasons, including; loss of affection; domestic assault; infidelity; or any other infinite amount of reasons people separate. The couple may be married, or they may be unmarried but living together like a married couple in a common-law relationship.
In the province of Saskatchewan you are generally considered common law once you have lived together for two years, but there are exceptions.
Canada has a no-fault divorce regime. The Divorce Act is the Federal Legislation that governs divorces and corollary relief is related to divorce. Under The Divorce Act, the only ground for a divorce is marriage breakdown. The Divorce Act says you can show your marriage has broken down if any ONE of the following criteria applies to you:
If you apply for a divorce on the basis of a one-year separation, you can live together for up to 90 days (either before or after you file the application for a divorce) to try to reconcile. If things do not work out, you can continue your action for divorce as if you had not spent the time together.
If you choose to separate but still live in the same house, please consult with one of our lawyers and they can advise you as to what factors courts may consider when they are deciding if you are separated.
To apply for a divorce in the province of Saskatchewan you need to fill out the appropriate forms and file them in the Queen’s Bench of Saskatchewan. There are specific rules and court processes that you must follow and you must also pay an application fee.
Please consult with one of our knowledgeable lawyers and they can advise on your rights and responsibilities and explain how the law applies to your situation.
Both parents have a continuing obligation to provide monetary support for their child, until the child is no longer a child as defined by the Divorce Act. The Parties immediately upon separation ought to have discussions regarding a parenting plan and support. The parents cannot simply barter away child support, child support is a right of the child. In cases where the parties had a child and did not live together in a relationship, support is still payable, and both parties ought to work together to ensure that the child is appropriately provided for. For informational proposes, the Federal Child Support Guidelines can assist in establishing what the payable amount of support is, and the appropriate amount of section 7 expenses.
In some cases the acrimony is so high that this is not possible, in those situations one spouse may bring an application to have these matters addressed on an interim basis. It is likely in your best interests to retain counsel to assist you.
Please consult with one of our knowledgeable lawyers and they can advise on your whether you should be receiving or paying child support and the amount of child support you should be receiving or paying.
Use the Basic Child Support Calculator in parenting arrangements where one parent has the child/children more than 60 % of the time.
Use the Shared Parenting Child Support Calculator when the child/children spend less than 60% with one parent.
Please feel free to contact us if you need more information.
Child support payments are not set in stone. It can change based on your income, the timing of your access to your children, job loss, and other factors.
If the court has already ordered child support and there has been a change in your circumstances, do not despair, child support orders can be varied as long as the applicant demonstrates that there has been a material change in circumstances since the order of the court.
If you would like to change your child support payments, please consult one of our knowledgeable lawyers and they can advise you if your change in circumstances warrant the change in child support.
There is no automatic right to spousal support. In some cases when a couple separate or divorce the spouse with the higher income may be required to pay support to the spouse with the lower income. There are many factors that may affect whether a married or common law spouse is entitled to spousal support.
Please consult with one of our knowledgeable lawyers and they can advise on your rights and responsibilities and explain how the law applies to your situation.
If the court has already ordered spousal support and there has been a change in your circumstances such as job loss, disability or other factors that are unique to you, do not despair, spousal support orders can be varied as long as the applicant demonstrates that there has been a material change in circumstances since the order of the court.
Please consult with one of our knowledgeable lawyers and they can advise you if your life circumstances warrant a change in spousal support.
If you decide to separate or divorce, it can be very difficult and daunting to determine who should get what. When people are together they share everything and many of the things you acquire while married or living together often become joined, especially if you have been together for a long time. Small and sentimental items also matter, even if they are not worth much money, such as pets.
In the province of Saskatchewan The Family Property Act applies to the division of property for married and unmarried couples.
The term “property” may include a variety of items, such as:
Please consult with one of our knowledgeable lawyers and they can advise you regarding your property rights.