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Frequently Asked Questions

saskatchewan common law

Are my partner and I common law spouses?

In Saskatchewan, parties become common law spouses after a period of cohabitation for 2 consecutive years. In some cases, for support purposes, parties can become spouses if they are parents of a child and in “a relationship of some permanence”. These instances are not common, and are fact-dependent.

What is collaborative law?

Collaborative law involves working with the other party to find common ground on one or more issues, as opposed to litigating these disputes through the court system.

What is mediation?

Mediation involves working with a third party (usually a trained mediator) to find solutions to outstanding issues. By attempting to mediate issues, parties hope to avoid appearing at court to ask for a remedy.

Divorce

I’ve decided to separate from my husband/wife. How do I get divorced?

According to the Divorce Act, there are 3 bases for which a divorce is granted: being separated for a year, adultery, or physical or mental cruelty. In practice virtually no divorces are applied for on the basis of adultery or cruelty. The reason for this is that proving these offences is very difficult, and frankly, a waste of resources. Given that divorce in Canada is “no-fault”, parties will be treated the same by the court no matter what the reason for granting the divorce.

IMPORTANT: You will have had to be a resident of Saskatchewan for at least 1 year before applying.

Doesn’t it matter how I was treated by my partner?

When it comes to support and division of property, no. This policy prevents litigants from spending resources trying to prove behaviour that isn’t relevant to the outcome of their case. In some instances, cruelty may play a factor in the Court’s determination of parenting issues, but this can be addressed during litigation without forming the basis for a divorce? In virtually every single case, the best, most reliable, and by far most affordable means of getting divorced is to wait a year following separation, and file for divorce by consent.

What if I try to get back together with my estranged spouse?

If you live together for a period of longer than 90 days for the purpose of reconciliation, you will need to wait a year from any subsequent separation to apply for divorce on that basis.

What do I need to apply for divorce?

You’ll need your marriage certificate, or an original copy from the Registrar of Statistics (E-Health Sask in Saskatchewan). A photocopy will not be valid. Before the Court grants a divorce, it will also need your income information (usually both parties’ most recent tax returns) if you have children, and verification of a plan to ensure the children are sufficiently supported.

Costs

How Are Costs Determined?

Costs are determined by the Tariff of Costs. The various “Columns” represent the complexity of the Court action. The Court has wide discretion to award costs. In fact, costs may be the most uncertain part of any litigation because they are so discretionary. That being said, in family law matters the successful party is presumptively entitled to costs, and then it is up to the less successful party to rebut that presumption.

Who will End Up Paying Costs?

In a family law proceeding, the successful party is presumptively entitled to costs for either the application or a full trial. If both parties are marginally successful, the court may apportion courts by a percentage of how successful the parties were. If costs are awarded after a trial, they can be awarded for the entire life of a file, based on which party brought various applications. Costs are very fact-specific and will depend on your own personal experience.

Will All of My Lawyer’s Fees Be Covered?

Likely not. Even though you may be able to recoup a good percentage of your costs, the Tariff of Costs is not based on lawyer fees. Therefore, a lawyer may charge more than whatever you would be able to recoup form the tariff.

Can I Get All of my Expenses Paid?

Likely not. While you may be able to recoup a substantial portion of your costs, you will likely still end up paying out of your own pocket for the litigation, not matter how unreasonable your opposing party may be.

What if the Opposing Party Refuses to Pay?

If the opposing party refuses to pay the costs ordered by the Court, there may be certain court processes that you can use for enforcement. This will depend on your situation, and exactly what costs the opposing party is refusing to pay.

NEED ASSISTANCE?

(306) 808-2565

Monday – Friday

08:00 – 16:30 CST

Saturday

10:00 – 15:00 CST

CONTACT US

info@evolvelaw.ca

accounting@evolvelaw.ca

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