Family Law Basics

A person who is dealing with family breakdown will likely hear legal terms and the names of certain laws as they begin to look at the area of family law. Understanding these legal terms and the laws that apply in different situations can help people navigate this area of the law.

The parts of family law that deal with parentage, parenting arrangements and child support apply to all parents. This includes adoptive parents, same-sex parents and parents who were never spouses.

The parts of family law that deal with family property and spousal support, however, only apply to spouses. Spouses include married couples and also couples, including same-sex couples, who have lived together as spouses for a required period of time. The required time period can differ based on the type of claim being made and other circumstances, such as whether a couple have children together. In Saskatchewan, unmarried couples can usually only claim spousal support or family property rights after they have lived together as spouses for two years or more.

Whether a couple has lived together as spouses is a question of fact. The relationship any specific couple has will be different from others. Because of this, there is no single test to determine whether a couple will be considered spouses in the eyes of the law.

There are a number of areas of a couple’s personal life that the court would generally take into account, including:

• housing arrangements such as whether the couple slept in the same room
• sexual and personal behaviour such as whether the couple had sexual relations and, if not, why
• roles in the relationship such as how household chores are dealt with
• social behaviour such as how the couple presented themselves when socializing
• community and societal views such as how the community regarded the couple
• household expenses and economic support such as how the couple shared the costs of living

Married couples, regardless of how long they have been together, can ask for spousal support or family property orders. A couple can marry only if they are:

• unmarried
• over 18 years old unless they are 16 or 17 years old with the consent of their parents or a court order
• not related as a grandparent, parent, child or sibling, including by adoption

Any couple that meets these requirements can get married, including same-sex couples. There are no blood tests or medical examinations required.

The couple must first purchase a Saskatchewan Marriage Licence. The marriage ceremony must take place within 3 months from when the licence is issued. The fee for a licence is currently $60. A marriage licence can be purchased at most jewellery stores and local town or city halls.

At the time of the purchase, each party must complete a Statutory Declaration. This is a series of questions about things such as your name, address and current marital status. If either party is divorced, a Certificate of Divorce must be presented.

The marriage ceremony must be performed by a clergy member or marriage commissioner registered to perform marriages in Saskatchewan. Two witnesses over 18 years old are required. The person who performs your marriage ceremony will provide you with a certificate of the marriage. They will also register the marriage with eHealth Saskatchewan.

Divorce Act

The Divorce Act is the law that applies all across Canada to married or divorced couples. Under this law, people can formally end their marriage by divorce. If they are asking for a divorce, they can also ask for other orders under this Act, such as parenting orders or support orders. They can ask for these at the same time as they ask for a divorce or after the divorce is final.

Children's Law Act

Couples who are married but not asking for a divorce, couples who are not married, and single parents must use The Children’s Law Act to apply for a parenting order. Anyone else who has a sufficient interest in the child can also apply under this Act for a parenting order. The court can declare someone to be the parent of a child under this Act as well.

Family Maintenance Act

The Family Maintenance Act is used by unmarried people or married people who are not asking for a divorce to ask for child or spousal support.

Child support orders can be made under The Family Maintenance Act. Anyone can apply for a child support order on behalf of a child. However, married parents who are asking for a divorce and child support at the same time would do so under the Divorce Act. Anyone who is a parent of the child or who stands in the place of a parent can be ordered to pay child support under this Act.

Spouses who are not married and married spouses who are not asking for a divorce can apply for spousal support under The Family Maintenance Act. For these purposes, spouses are:

• people who have lived together as spouses for at least two years
• parents of a child if they have lived together in a relationship of some permanence even if they have not been together for two years

Married spouses who are seeking a divorce can ask for spousal support under the Divorce Act.

Family Property Act

The Family Property Act is used by all spouses, married or not, to apply to the court to have their family property divided. For these purposes, spouses are:

• married people
• people who have lived together as spouses for at least two years