If the Crown Attorney calls you as a witness, you will receive a subpoena, a legal document, ordering you to appear in court. This means you must go even if you do not want to testify. The subpoena tells you what court to go to, the date and time you must be there, And whether you must bring any documents or records. If you do not attend court, the judge may issue a warrant for your arrest.

A police officer or a process server (somebody who delivers court papers) will deliver your subpoena in person. Sometimes, though rarely, another person likely to contact you will be served your subpoena.

Before you appear in court you will meet the Crown Attorney, who can answer any questions you may have about the court process or being a witness. You can also call the Crown Attorney if you have any questions. You can find contact information for the Crown Attorney's office in your region here: https://novascotia.ca/pps/contact.asp

Take some time to think of the sequence of events surrounding the offence, and try to remember details such as dates, times, people who were present, what was said, and other relevant facts.

Make notes and ask the Crown Attorney if you can bring them along. If you made a statement; ask to review it to refresh your memory. If you have already given evidence at a preliminary hearing, you may read the court record of your evidence out loud during the hearing. 

You should not discuss your evidence with anybody before or during the case other than the Crown. 

 

If you want to change your statement, speak with a Crown Attorney. They should know if you're planning to change your statement. You will also need to talk to the police service that investigated the case. 

You can find contact information for the Crown Attorney's office in your region here: https://novascotia.ca/pps/contact.asp

The judge: the person who presides over (oversees) the trial.

Court clerk: the person who swears witnesses, schedules court dates, and fills out paperwork.

The sheriff: the person who is responsible for the security of the courtroom. They may sit close to the accused.

Crown Attorney: the lawyer who represents the state and presents the case against the accused. They are also called the "Crown" or "Crown prosecutor."

Defence lawyer: the lawyer who represents the accused.

Witnesses: The people who provide information about the case. Witnesses will wait outside the courtroom until they are called to give evidence. You are one of the witnesses.

The accused will be in the courtroom and sit in the "prisoner box," usually away from the witness box.

Jury: If there is a jury, it will consist of 12 members of the public. They will hear the evidence and make an impartial decision on the trial.  

Members of the public and media may be present, but cameras, television cameras, or recorders may not be used in the courtroom unless the judge gives permission.

 

Only three people can question you: the judge, the Crown Attorney, and the defence lawyer. If a lawyer does not represent the accused, they can question you. 

The Crown Attorney will ask questions first. This is called "examination in chief" or "direct examination." Then, the defence lawyer will ask questions. This is called "cross-examination." Then, the Crown Attorney may ask you new questions. This is called "redirect."

Go to the front of the courtroom and sit in the witness box.

The court clerk will ask you to promise to tell the truth. You'll be asked for your name and address. If you are afraid to give out your name and address, the judge may allow you to give a general address or no address. You will be asked what happened.

During questioning, you may be asked questions that you feel are personal or embarrassing, but the court needs to know what happened. You can ask to take a short break if you need to.

If you refuse to answer the judge's questions, you can be found in contempt of court and sent to jail.

The accused will be there throughout the trial. If it is hard looking at them, look at the Crown, attorney, judge, or jurors. If the accused or one of their supporters is intimidating you by making intimidating or threatening gestures, for example, speak to the Crown Attorney, who will tell the judge. 

You will be asked to point out who assaulted you. This is the only time you will have to look at the accused.

Do:

Listen carefully to the questions. Speak clearly and loudly so the judge and lawyers can hear you.

Don't:

Don't be afraid to ask questions; ask for a question to be repeated or worded differently if you don't understand. Don't answer questions if the judge tells you not to.

Legal proceedings may take hours, days, or months. You can collect a small witness fee, which is not meant to replace employment, income, or mileage, and sometimes receive an expense allowance. 

 

• Do I know where the courtroom is? 
• Have I brought my subpoena? 
• Have I brought all the documents mentioned in my subpoena? 
• Have I brought any items that the Crown Attorney, the defence lawyer, or the police have asked me to provide?
• Have I brought something to read or do while waiting to give evidence? 
• Am I dressed neatly and tidily? 

If you are frightened of seeing the accused or their supporters, the Crown Attorney may be able to arrange for you to wait in a private room or other accommodations for you. Ensure to express your concerns to the Crown Attorney when you speak with them. 

 You can have a friend, family member, or other supporter come to court with you.

For a printable version of this list,  click here. 

Call the Crown Attorney dealing with your case found under “Public Prosecution” in the Government Blue Pages in your phone book or online at https://novascotia.ca/pps/contact.asp

Victims’ services support victims of crime by providing information, support, and assistance as a case moves through the criminal justice system. Victims’ Services is a government organization that can be found online at www.gov.ns.ca/just/victim_Services/programs.asp

Head Office: 1-888-470-0773

Dartmouth: 902-424-3307 

Kentville: 1-800-565-1805

Pictou: 1-800-565-7912

Sydney: 1-800-565-0071

Transition houses provide residential and outreach services to abused women and their children. Call the Transition House Association of Nova Scotia (THANS) at 902-429-7287, or visit www.thans.ca.

Canada’s Divorce Act and Nova Scotia’s Parenting and Support Act require parents to pay basic child support, called the “table amount,” from Canada’s Federal Child Support Guidelines. This amount of child support helps pay for basic costs (expenses) such as food, clothing, shelter and activities. 

Some children may have more expenses. These are called “special” or “extraordinary” expenses. Lawyers and the courts may call them “Section 7 expenses.” They are added to the basic table amount when calculating child support. 

So child support usually includes:

• a basic amount from the Federal Child Support Tables 
• an amount for any special expenses that the child has. 

The federal and provincial governments have put in place Child Support Guidelines as a way to identify a proper amount. Both guidelines use the Federal Child Support Tables to calculate support.

Federal Child Support Guidelines apply to couples who are getting divorced or are divorced. The starting point is the table amount in these guidelines. Special expenses are on top of the table amount.

Provincial Child Support Guidelines apply to married couples who are not seeking a divorce and to other parents or guardians seeking child support. 

When a judge sets child support amounts, they consider:

• income 
• the table amount of child support
• any special expenses to add to the table amount.

Generally, income is calculated using income tax returns and notices of assessment and reassessment from the Canada Revenue Agency for the past three tax years, as well as information showing your income for this year, such as pay stubs. The court may also need more information, depending on the situation. For example, a business owner will have to provide the financial statements from their business.

The court will look at your gross income when determining child support, not your net income. Gross income is the money you earn before taxes or other deductions are taken out.

If you and the other parent disagree about the calculation of income, consult a lawyer.  

See the Federal Child Support Guidelines: Step-by-Step workbook for more information about calculating income for child support.

The parenting arrangement affects the amount of child support paid. 

Majority of parenting time: If the child spends most (more than 60%) of their time with one parent during the year, the other parent will pay child support (they will be the payor). You only need to look at the table amount for the payor parent. 

Shared parenting time: It is wrong to assume that no child support is paid if there is shared parenting. If both parents share time with the child equally or nearly (at least 40% of the time each), look at the table amount payable for each parent. The parent with the higher table amount pays the difference to the other parent.  

Split parenting time: With two or more children, and each parent has majority time with at least one child. Look at the table amount payable for each parent. The parent with the higher table amount pays the difference to the other parent. 

If a child is 19 years or older, goes to school and lives away from both parents, the child support tables may not be strictly applied. You may need to look at each parent’s income, other child support obligations and the child’s financial resources. 

Special expenses are child-related expenses that are necessary because they are in the child’s best interests and reasonable, given the parents’ means and spending pattern before separation. 

Special expenses are also called extraordinary expenses or section 7 expenses (which refers to section 7 of the Federal Child Support Guidelines). 

Usually, both parents share these expenses. Costs are calculated in proportion to their incomes (gross income, before taxes and deductions).

Special expenses may include:

• net childcare costs while the parent with the majority of parenting time is at work, sick, disabled or training for employment. The net cost is determined by taking the actual amount paid and deducting any subsidies and tax credits
• medical and dental insurance premiums and health-related expenses over $100 for each illness or event, if not covered by insurance
• expenses for education programs that meet the child’s particular needs, extra-curricular activities
• expenses for post-secondary education. In this case, the court will consider the money the child has available to help pay this expense. 

As a general rule, the parents will share the cost of these expenses according to their income. It might be different if one parent can use a subsidy or a tax credit to cover part of the expense. Parents may also agree to share the expenses differently.

If your child is over the age of 19 but is eligible for support, the child may have income of their own. Their income may be relevant when considering the table of support or contribution towards post-secondary section 7 expenses that should be paid by each parent.

Go to the Federal Child Support Guidelines: Step-by-Step workbook for more information about special and extraordinary expenses. 

This depends on when the child support order was made. The Income Tax Act was changed in 1997. 

If your child support order or agreement was made:

• before May 1, 1997, the paying parent claimed child support payments as a tax deduction, and the receiving parent had to claim the support as income 
• after May 1, 1997, the paying parent cannot claim child support payments as a deduction nor does the receiving parent claim them as income by the receiving parent.

Use Justice Canada’s Child Support Online Look-up to help figure out the base amount of child support.

That tool uses:

• 2017 Federal Child Support Tables to determine child support amounts from November 22, 2017, onward.
• 2011 Federal Child Support Tables to determine child support amounts from December 31, 2011 to November 21, 2017.
• 2006 Federal Child Support Tables to determine child support amounts before December 31, 2011. 

Go to the Federal Child Support Guidelines: Step-by-Step workbook for more information about child support, including guidance about calculating section special expenses.

You can make child support arrangements by working out an agreement with the other parent. It could just be verbal, but it is better to have a written agreement or consent court order (an order a judge makes if both parents agree). Having it in writing makes it easier to enforce. 

If you cannot agree or if you want the agreement to be a court order, either or both of you can apply to go to court to get a child support order.

Here is information about applying to court if the other parent lives in Nova Scotia.

If the other parent lives in another province or country, you will probably have to use the ISO process. It’s called that because it comes from a law called the Interjurisdictional Support Orders Act. The ISO process can only be used when the parent is in a country that also uses this process (called a reciprocating jurisdiction). If the other parent lives in a different country and you can’t agree about child support, consult with a lawyer. 

A child support order stays in force until it is changed with a new court order or a written agreement. A court order does not end when a child turns 19 unless it clearly states that on the order. If you are a person who is obliged to pay child support, it is best to get a written agreement or court order to confirm when child support ends.

In some cases, when a child no longer meets the legal definition of a dependent child, parents may agree to end child support. 

If your order is registered with the Maintenance Enforcement Program (MEP), you may be asked to get a court order to confirm that support will no longer be paid and sign it. See “Child Support Orders with No Terminating Events” for more information. 

In rare cases, a judge will place a time limit on or put an end date for paying child support. This usually only happens when a child is a post-secondary student.

Remember, child support is the child’s right. If a child is still dependent or becomes dependent while still meeting the definition of a child under the guidelines, they are entitled to support. 

The Maintenance Enforcement Program (MEP) is a service the provincial government provides to help parents collect child support. MEP has a 24-hour automated voice system called the Infoline and MEP Online services. 

If you want to join, call 902-424-0934 in Halifax Regional Municipality or 1-855-322-0934 (toll-free), or go to mep.novascotia.ca/en/enrol-and-get-started. 

You can join the program without your ex-spouse’s consent. You’ll find more information about MEP online at mep.novascotia.ca.

You are not allowed to enforce the support order yourself while enrolled in the program. If you enforce the support order yourself that is usually more complicated. Speak to a lawyer first. You’ll also find information about enforcing a court order at nsfamilylaw.ca.

If you are enrolled in the MEP, your spouse sends payments to the program, which they forward to you. You must let MEP know if you accept any support payments directly from your former spouse so they can properly credit them.

The Director of Maintenance Enforcement has the power to:

• issue garnishments to income sources (take part of your former spouse’s pay cheque or government cheque before they get it)
• put a lien on a home or land
• seize bank accounts
• revoke or suspend driving privileges in Nova Scotia
• require your former spouse to answer questions about finances.

See more information about steps MEP can take to enforce child support and spousal support.

What if my income changes? 

If you pay support and your income changes, consider talking with your spouse about updating the order to reflect your current income. If there is an agreement and the current order is registered with MEP, you will need to register your new agreement with the court. MEP will then update its records and collect the new amount.

What if we need a new agreement?

MEP cannot negotiate a new support agreement between spouses. They are only able to follow the most recent court order that is registered for enforcement. If you are the payor, your income has changed, and you cannot reach a new agreement, consider getting the court to decide. The MEP cannot change it for you. Get legal advice.

Can I join MEP if my support order is from another province or country?

Nova Scotia has maintenance enforcement agreements with every province and territory in Canada, the United States and some other countries. You can register your support order with Nova Scotia’s MEP. They cannot enforce your order but will register it for enforcement with the MEP where your spouse lives.

To register your support order, you will need an enrollment kit. It includes a completed declaration of arrears and three certified copies of your support order. Do not use photocopies; only certified copies from the court that issued the order.

Can I leave the MEP?

Yes. You and your spouse can agree in writing to leave the MEP (both must agree). If you are on income assistance, you may be required to remain enrolled in the program. MEP may require a new order before you will be permitted to leave.

You may not need the MEP if you are comfortable dealing directly with your former spouse, and they pay the full amount of support on time each month.

Can MEP enforce my court order for property division?

No. MEP only enforces child support or spousal support. To enforce an order for property division, you must apply to the court that granted the order to enforce it.

You can do some things on your own. If the order gives you ownership of a vehicle, you can take the order to the Registry of Motor Vehicles to ask that they register the vehicle in your name. If your former spouse will not give up the vehicle, you can ask the police or sheriff’s office to help you. If you are having trouble enforcing the order, it is best to get legal advice.

The MEP has general information fact sheets on: 

• Payor Responsibilities 
• Recipient Responsibilities 
• Child Support Orders with No Terminating Events.).

For more information, go to mep.novascotia.ca/

In a few specific circumstances, a parent may claim that the amount of child support under the Federal Child Support Guidelines makes life too hard for them or the child. This is called “undue hardship.” Either parent may make an undue hardship claim, saying that a higher or lower amount of child support would be more appropriate.

Reasons for claiming undue hardship are limited. They include:

• a high level of debt from before separation or to earn a living, and the person who must pay child support is making regular debt payments 
• extraordinarily extra-high costs related to spending parenting time with the child. For example, the child lives with one parent in Vancouver, and the other parent lives in Halifax
• a legal responsibility to support another child or person who cannot meet their basic needs on their own. This must be confirmed in a written agreement or court order. 

You also must show that your household’s standard of living is lower than the other parent’s to prove undue hardship.

The court will look at the income of a new partner or other people living in either household when someone makes an undue hardship claim. The income of these household members will not affect the amount of support. Their income information is only used by the court to calculate and compare the standard of living of each household. 

If the household of the parent claiming undue hardship has a higher standard of living than the other parent’s, the court will not accept the claim. The child support amount should stay the same.

However, if the household of the parent claiming undue hardship has a lower standard of living, the court might accept the claim and change the amount of child support.

Here is more information about how to compare household standards of living in the Federal Child Support Guidelines: Step-by-Step.

Contact the Maintenance Enforcement Program (MEP) if you have a child support order and you are having trouble getting payments. If you have a written agreement about child support, you must register for a court order before the MEP accepts your request.

If you register for the program, the parent paying child support (payor) makes payments through MEP. The program then sends the payment to the recipient.

MEP may take action if the payor fails to make payments. Enforcement officers may deduct (garnish) money from wages or other payor income, such as income tax refunds, Workers’ Compensation Benefits, Canada Pension Plan and employment insurance benefits. They may also seize bank accounts, revoke passports and require the Registrar of Motor Vehicles to suspend the payor’s driving privileges.

If you have been in MEP but wish to leave you may submit a Request for Withdrawal form. This request may or may not be approved. You will be notified of the decision. 

If you are not registered with MEP: If your support order or agreement is not registered with the MEP, you can apply to the courts for enforcement, but you will be responsible. If you have a support order from the Supreme Court, you can file for an execution order. You will also need to file a sworn statement saying that the support is in arrears. You can also apply to the Nova Scotia Supreme Court for a contempt order. It is best to speak with a lawyer first.

Yes. Court orders can be enforced in all the provinces and territories, the United States and also in several other countries. Orders made in these places can be enforced in Nova Scotia. 

Sometimes you may not know where the other parent is living. The provincial and federal governments have sources that may help to locate a person who is not paying court-ordered support. If you are registered with MEP, they will use these sources to try to find the payor. 

 

What happens when your income changes will depend on:

• whether you are the payor parent or the recipient parent
• whether you are enrolled in the Administrative Recalculation Program
• whether your court order or agreement anticipated your change in income
• how child support was calculated in your case
• whether you and the other parent agree about the effect the change in income should have on the child support payments.

In some situations, the reason for the change in income is also relevant. 

You should review child support and any special or extraordinary expenses at least once a year. Parents must keep their financial information up to date. It is a good plan to exchange income tax returns every June 1 and update the support amount if needed. 

Determine the amount of child support using the tables in the Federal Child Support Guidelines and, if you agreed to a different formula, whatever formula you may have agreed to. 

If you have a court order that is registered with the Maintenance Enforcement Program (MEP), you will need a new court order to change the amount collected. You may get a new court order by agreement with the other parent and then register it with the court for a judge’s approval. 

If you have a registered agreement or a court order for child support and you and the other parent cannot agree on whether it should change based on your new income, the parent requesting the change in child support can apply to court for an updated order. This is called making a variation application. There is more information on nsfamilylaw.ca.

If your registered agreement or court order specifically allows, you may be able to use Nova Scotia’s Administrative Recalculation of Child Support Program without having to make a court application, pay a court filing fee, or negotiate with each other.

The Administrative Recalculation of Child Support Program makes it easier for parents to update child support amounts in a court order or registered agreement. The Program allows parents to update the table amount of child support without having to file a court application, pay a filing fee or negotiate with each other. 

The Program recalculates the table amount of child support where a court order or registered agreement allows. The recalculation happens once a year on the court order anniversary. The Program recalculates certain child support orders based on updated income information provided by the parent paying support. 

To enroll in the Program, your order must state that you are eligible. There are other requirements for enrollment as well. 

Go here for more information about the Administrative Recalculation Program.

You need to update the child support agreement or order regularly to keep track of any changes to the payor's income or special expenses.

You can request back-dated (retroactive) child support, but there is no automatic right to a back-dated order. If the court orders back-dated child support, it will usually only go back a maximum of 3 years. 

This can be complicated, and there are legal factors that must be looked at. It is best to get legal advice and apply to court right away if you cannot reach an agreement with the payor parent.

Here is information about ways to get more family law legal information and legal advice.

• For more information on the Federal Child Support Guidelines you can contact the Department of Justice Canada toll-free at 1-888-373-2222, or visit their website at justice.gc.ca.
• For information on the tax treatment of child support, contact the Canada Revenue Agency at 1-800-959-8281.
• Go to nsfamilylaw.ca for further child support information, including about the Administrative Recalculation of Child Support Program.

Passport: All children need a passport, no matter how old they are. Contact Passport Canada for information on how to apply. There are new rules on passport applications for children under 16 years. To travel, a child’s passport must be current. Some countries require that a passport not expire within 6 months of the travel date. Check with your destination country to make sure the passport meets their current rules.

Consent letter: If your child is travelling alone or with only one parent or guardian, they should carry a consent letter. A letter is recommended for any child younger than 19. A child younger than 19 is called “a minor.” 

If the child is travelling with only one parent or guardian, the consent letter should be signed by the other parent. 

If the child is travelling alone, the consent letter should be signed by both parents. If you have a court order or registered agreement that says the other parent’s consent is not required, the child should have a copy of that document as well. 

Airlines can stop a child travelling alone from boarding if they don’t have a consent letter. If the child is travelling internationally, officials at their destination border can stop them from entering the country. Here is more information about consent letters including a sample (Foreign Affairs Canada). Check with your family lawyer for help drafting a consent letter.

Separation documents (court orders or agreements): You should carry a copy of your separation documents or court order giving you rights to travel with a child. The documents are important whether or not you have care of your child, including decision-making responsibility, parenting time, or are the legal guardian.

Check court orders and agreements between you and your ex-spouse to ensure there are no limits on taking your child out of the province or country. If you are not sure, get legal advice.

Do not make final travel plans until you have all the documents and consent you need. As you plan your trip abroad, give yourself enough time to deal with possible document delays. Follow public health restrictions for travel.

Legal advice: You should get legal advice before your child leaves Canada if you think you and their other parent may disagree about decision-making responsibility or parenting time. Other countries may not recognize your parenting arrangements.

Depending on your parenting arrangement and travel plans, you may need to apply to the Supreme Court (Family Division) for travel permission. Sometimes these orders are related to one travel event, such as a holiday trip. Other times they relate to more regular family visits in another country.

A family court worker can help you fill in forms asking a judge for a permission to travel order. Remember that family court is quite busy, so you should make your application many months before you plan to travel.

What response would be appropriate depends on:

• whether you have a court order or agreement and what it says about travel
• whether the other parent attempted to get consent from you and, if so, when they did that and how
• what reasons you have for withholding consent to travel
• the purpose and duration of the trip
• whether the travel plans interfere with the parenting schedule or important activities in the child's life
• whether there is a good reason to suspect that the other parent may be attempting to move with the children to whatever country they're travelling to.

If you think their decision to travel without your consent needs a legal response, consult a family lawyer to get their opinion about what that response should be based on the circumstances of your case. 

There is a specific procedure that a parent is supposed to follow if they want to move to another country with their children after separation. Go here for more information about that.

If you think the parent is trying to move the children to another country without following the proper procedure, consult with a family lawyer immediately. You can find information about this topic in International Child Abductions: A Manual for Parents. The Canadian Public Prosecution Service also has information about parental child abduction, including on the Hague Convention on International Child Abduction.

• federal government's website on Children and Travel
• nsfamilylaw.ca
• International Child Abductions: A Manual for Parents
• The Hague Convention on International Child Abduction
• Travel and COVID-19
• lawyer’s advice

There is no set time limit. It can be complicated and depends on the issues you are dealing with, such as property rights, spousal support, or other benefits. 

Property: Common-law partners do not have an automatic right to share property when they separate. Only married couples or registered domestic partners have this right. You can clarify your rights to shared property by creating a cohabitation agreement. The rules about dividing property and pensions are complicated, and it’s best to see a lawyer.

Spousal support: You have some rights for spousal support after living together for 2 years or having a child together. Nova Scotia Parenting and Support Act gives you some rights. 

Medical and company benefits: Companies’ employee policies or insurance companies may say what qualifies a common-law spouse for employee or medical benefits. 

Taxes, immigration status, and Canada Pension: The government of Canada says that a common-law couple is 2 people who have lived together in a marriage-like relationship for at least 1 year. This affects your income tax, immigration status, and ability to get Canada Pension. 

You should see a lawyer for a clearer understanding of your situation. 

You can register as a common-law couple with Vital Statistics at Service Nova Scotia. You will be considered registered domestic partners and will have many of the same rights as married couples. This includes things such as pension benefits and the division of assets if you separate or one of you dies without a will. 

Call Vital Statistics at 902-424-4381 or 1-877-848-2578 (toll-free) or visit beta.novascotia.ca/register-your-domestic-partnership.

Talk to a lawyer for information on rights and benefits.

Yes. All common-law partners should have a cohabitation agreement. 

Agreements make sure both partners are thinking the same way about all major financial matters. If the relationship ends, you cannot assume that you both will:

• feel the same way about these matters 
• keep verbal promises made during the relationship. 

Common-law partners don’t have the same property rights as married couples or couples in registered domestic partnerships. Agreeing to share property in a cohabitation agreement protects common-law partners.

A cohabitation agreement is very important if one partner:

• has more assets or debts than the other
• owns a home, but the other does not
• has a special type of property they want to protect, such as a family cottage
• has or will have a very different income 
• plans to stay home full-time or part-time with children
• has children from an earlier relationship. 

You can make a cohabitation agreement when you begin living together or at any time during the relationship. 

You can write your own agreement or get a lawyer to help. The agreement should be in writing, dated and signed by both partners and witnessed by an adult (19 years old or older) who watched you sign it. 

Get legal advice from separate lawyers before you sign any agreement. This is called “independent legal advice.”

Independent legal advice is important because:

• your lawyer can help you understand what you are agreeing to
• your agreement is less likely to be challenged in court later
• a court is more likely to order you and your partner to do what you agreed to. 

You can change your cohabitation agreement if your partner agrees. The new agreement should be:

• in writing
• dated and signed by both partners 
• signed by an adult (19 years or older) who watched you both sign the new agreement. 

Both partners must agree to the changes to the agreement. You will likely have to follow the original agreement if you don’t both fully agree to the new one. You should both get your own legal advice before you sign any agreement.

A court may change or not accept a cohabitation agreement if:

• it is very unfair to one partner, and that partner did not get independent legal advice before signing 
• one partner was dishonest about their assets, debts, income or other circumstances. 

You should speak to a lawyer if your cohabitation agreement is unfair.

Yes. Wills are especially important for common-law partners because you do not have the same rights as married couples. Both partners must have a will to ensure property goes to the other partner. 

If a person in a common-law relationship in Nova Scotia dies without a valid will, their property will go to family members, not their common-law partner. Nova Scotia’s law about wills recognizes married spouses and registered domestic partners but not common-law partners.

Other things you can do to make sure your partner inherits are:

• create a trust
• own property in both names 
• name your partner as beneficiary on RRSPs, life insurance and other benefits. 

Lawyers, accountants and estate planners can help with this kind of planning.

Read more about what happens if a person dies without a will. 

Read more about making a will.

If you are a common-law couple and your partner dies without a will, your partner’s family will be in line to inherit all their property. 

If you own property with your common-law partner, you will have rights to the property you co-owned. 

If you did not own property with your common-law partner, you may have a claim against the estate if you can show that you made valuable contributions to the property during your relationship.

If you had children from another relationship and your partner acted as a step-parent, your children may also have a claim against the estate. 

Talk with a lawyer if you think that you or your children may have a claim against your partner’s estate. 

If you have a registered domestic partnership and your spouse dies without a will, you have the same rights as a married person. 

Go here for more information about making a will.

The relationship ends when you stop living together. You do not have to go through a divorce to end a common-law relationship. 

Some rights and responsibilities may continue after the relationship ends. 

You and your common-law partner may agree on parenting arrangements, dividing property and paying debts. You may already have separation terms in a cohabitation agreement. 

If you have not agreed on separation terms, you can go to court and have a judge decide.

You must formally end your registered domestic partnership. You can do it in one of these ways:

• You can file a joint Statement of Termination with Vital Statistics.
• You can register a signed written separation agreement with the Supreme Court (Family Division) and then file proof of the registration with Vital Statistics. 
• You can file a sworn written statement (called an “affidavit”) with Vital Statistics with one or both spouses saying you have been separated for at least 1 year. 
• You can marry someone else. You must file a copy of the marriage certificate with Vital Statistics.

Both parents have joint responsibility for their children. You can write out your parenting arrangement in your separation agreement. If you cannot agree on important decisions, either one of you can apply to the Supreme Court (Family Division) for a court order to deal with parenting arrangements and financial support.

For more information, go to nsfamilylaw.ca.

Spousal support: If you have lived together for at least 2 years or have a child together, you may have responsibilities to provide financial support for each other. 

If the relationship ends, either partner can apply to the Supreme Court (Family Division) for a spousal support order. 

If you have a registered domestic partnership, you don’t have to have lived together for 2 years to apply for spousal support.

For more information on spousal support, go to nsfamilylaw.ca. 

Child support: All parents (birth, adoptive, step) must support their children. Nova Scotia law says this even if you are not married to each other or have never lived together. 

For more information, go to the nsfamilylaw.ca page on child support.

If you are applying for support for yourself or your children, consult a lawyer. 

You are not generally responsible for your spouse’s debts unless you co-sign for them. If you co-sign for loans with your spouse, you are each responsible for repaying the loans. If the debt is for something that is used for the family’s benefit, such as fuel or food, you and your spouse may be responsible.

Married spouses must share their assets equally, according to Nova Scotia law. However, this law does not apply to common-law couples unless they have a registered domestic partnership. 

Generally, if a common-law relationship ends, each person takes whatever property:

• is in their name
• they brought into the relationship
• they bought during the relationship
• or they are entitled to under the terms of their cohabitation agreement (if the couple made one). 

Any property you own together would be shared because you both own it.

If you made a cohabitation agreement, it should have terms that say what property rights each partner has upon separation. This is one reason why cohabitation agreements are beneficial for common-law couples. 

You and your partner can agree on how to divide property at any time before or after separation. You may agree on the following:

• each person keeping their own goods
• splitting things up equally 
• dividing property in some other way. 

Whether you have a cohabitation agreement or not, describing how you will divide property in a separation agreement is a good idea. Get independent legal advice (2 separate lawyers) before you both sign the agreement. This helps make sure it is fair to both partners. If you want to divide a private workplace pension, you usually need a written separation agreement or court order. 

If you disagree about dividing your property and debts, the common-law partner whose name is not on the assets can try to claim compensation. They must show how they helped increase the asset’s value and how the other person benefited from it. This is called an “unjust enrichment” claim. 

Unjust enrichment means it is unfair for one person to benefit from another person’s contributions. The person who helped increase an asset’s value but who is not the owner on paper should get some compensation for it. This assumes this partner wasn’t already compensated for their contributions, such as by living in a home without paying the mortgage, insurance or taxes. 

Contributions include things like: 

• money (down payments, mortgage payments, insurance, taxes, loans)
• unpaid or underpaid work (maintenance and general upkeep, asset improvements). 

A common-law partner can base their property division claim on an argument that the couple always planned to share whatever wealth they accumulated during the relationship, even if only one person’s name was on an asset. It could be based on things you said or wrote down about that plan during the relationship. The courts call this a “joint family venture.” 

Property division for common-law couples can be complicated. Talking with a lawyer for advice about your situation is best.

• ww.nsfamilylaw.ca - family law information on many topics, including common-law relationships, divorce, separation, parenting arrangements, spousal support and child support
• Contact the Legal Information Society of Nova Scotia to connect with a legal information counsellor and get free legal information
• Contact Nova Scotia Legal Aid for family law legal information and legal advice
• Contact a lawyer in private practice (a lawyer you would pay) who does family law
• Free and low-cost legal help in Nova Scotia.

Healthy relationships are respectful, trusting and supportive. You feel comfortable around the other person and know they will not hurt you. You like being around the other person. You feel like you can talk openly with them. Both people treat each other equally and share in decisions. One person does not make all the decisions.

People in healthy relationships are not violent or abusive with each other. No one has the right to be violent or abusive with other people.

Abuse is behaviour used to intimidate, isolate, dominate or control another person. Abuse can be acts, words or neglect. It may happen once or over a period of time. Family violence includes many different forms of abuse, neglect, mistreatment or harm that may happen in a close, personal relationship. Family violence is also sometimes called intimate partner violence, partner abuse, domestic violence, dating violence or gender-based violence. 

Family violence is complex and often crosses over the examples of abuse listed below. If you feel that something in ‘wrong’ in your relationship speak with a trusted friend or professional to help you identify why this is so and how to keep safe.

Examples of Abuse:

Physical Abuse: when your partner hits, chokes, kicks, burns, punches, or pushes you, or throws objects at you. This does not include acts to protect yourself or someone else from harm or abuse.

Sexual Abuse: when your partner forces, threatens, or manipulates you into sexual acts you don't want to do, uses force, weapons, or objects in sexual acts without your consent, involves other people in sexual acts without your consent.  It includes forcing you to watch violent pornography.  Sexual abuse also includes sex trafficking — where a person forces another person to perform sex acts.  Sex trafficking includes kidnapping, aggravated assault, aggravated sexual assault or death. This can happen against an adult (19 or over) or a child. It can include other behaviours such as stealing or destroying identification documents (for example, a passport) with the aim of committing or facilitating trafficking of that person.

Threats to Kill or Cause Bodily Harm: this includes threats directed at you, your children, your pets.  It includes threatening to do harm or actually doing that harm.

Harassment, including stalking: any unwanted physical or verbal behaviour that offends, threatens or humiliates you. It may also include following you and not leaving you alone, sometimes called ‘stalking’

Psychological or Emotional Abuse:
Includes when your partner

• uses words to hurt you.  This includes name calling, put-downs, blaming, bullying, humiliation, threats and teasing. 
• cuts off your contact with friends and family, makes hurtful or cruel comments; constantly criticizes, insults or belittles you; frightens you, or threatens to harm or take your children or pets.
• uses your friends or relationships to harm you. This includes spreading rumours, gossiping, excluding others from a group or making someone look foolish or unintelligent.

Financial Abuse: when your partner controls your finances, steals your money, refuses to share money so you can buy food or other basic needs, or prevents you from working or going to school.

Killing or harming an animal: when your partner kills or harms an animal, or threatens to do those things.

Online Abuse: when your partner uses the internet, social media, email, texting, instant messaging or other technologies to intimidate or harass you or others. This includes sharing intimate images of you without your consent, or invading your privacy by trying to keep track of your electronic communications. Sometimes also called cyber-abuse or cyber-bullying.

Damage to property: when your partner threatens to damage property, or damages property.

Neglect is also abuse. Your partner neglects you if they intentionally do not provide what you need to survive, such as food, clothing, medical care, or shelter, or prevents you from getting medical care you or a family member need.

Coercive and controlling family violence: a pattern of abusive behaviour aimed at controlling or dominating another family member. The controlling family member might use emotional, psychological, sexual, financial or other forms of abuse, such as choosing a partner’s clothing, controlling their money, or preventing them from working or seeing friends.  This abuse often happens together with physical abuse.

Coercive and controlling family violence is a very dangerous form of violence.  This is because it is part of an ongoing pattern, tends to be more serious and is more likely to affect parenting. For example, a controlling partner often tries to use the children to control their former spouse. They might refuse to comply with parenting orders, or threaten their former spouse with the loss of parenting time.

Those who commit coercive and controlling family violence are more likely than those who commit situational couple violence to continue the family violence in the future. Perpetrators of coercive and controlling violence are less capable of separating their role as a spouse from their role as a parent, and therefore are more likely to abuse their children after divorce.

A crime is a violation of the Criminal Code of Canada. The Criminal Code applies to all of Canada. Some acts of family violence are a crime.

Examples are:

• murder
• attempted murder
• human trafficking
• physical assault
• sexual assault
• threats to harm
• theft
• criminal harassment (also called ‘stalking’)
• property damage (also called ‘mischief’).

The behaviour does not have to be a crime to be considered family violence under family laws.

Assault is when one person applies force to another person, or attempts or threatens to apply force to them without their consent. There are different levels of physical assault. Depending on what happened, your partner might be charged with:

Assault: when someone slaps, pushes or threatens, for example. There may not be any physical injuries. It includes an attempt to assault.

Assault with a weapon or causing bodily harm: when your body is hurt and there are physical injuries, and/or when someone carries, uses or threatens to use a weapon. A weapon can be anything used, or intended to be used, to cause death or injury, or to threaten or intimidate. Examples are a knife, a bat, a belt, a coat hanger or a toy/imitation gun.

Aggravated assault: when a person’s life is put in danger and/or the person is badly hurt.

Sexual assault is a sexual act or touch that you do not consent to. This includes kissing you or touching you without your consent, forcing you to have sex (also called rape), torturing you in a sexual way, threats to force you to do any of these things. All the facts are important, including the type of contact, words and gestures. It is sexual assault if sexual gratification is the goal of the assault. Sexual assault is a crime even if you are not physically hurt. Sexual activity without consent is against the law.

Human trafficking is a crime. It is about the exploitation of another person.  It can take many forms but often is about being made to provide sexual services or labour through force, coercion, deception and/or abuse of trust, power or authority.   It can happen to adults or young people, especially young girls. Sex trafficking happens when you are forced into sex acts without your consent and you believe that you have no other option but to stay in the situation. The abuser may be your intimate partner. You may have a child together. Your abuser may control your money and carry out other abusive behaviours or acts against you. It is important that you reach out for help.

You, your child and important people in your life can be protected and stay safe. Anyone who is a victim of human trafficking or knows a victim can contact the confidential Canadian Human Trafficking Hotline at any time at 1-833-900-1010 (toll-free) or https://www.canadianhumantraffickinghotline.ca/

Consent means freely and voluntarily agreeing to take part in sexual activity, like touching, kissing, or having sex. Consent must be ongoing.  You can change your mind at any time during a sexual activity.

There is no consent when someone:

• says or does something to show they are not consenting to a sexual activity
• says or does something to show they are not agreeing to continue a sexual activity that has already started
• is not capable of consenting to sexual activity because, for example, they are unconscious, even if they consented when they were conscious. 
• abuses a position of trust, power or authority to get consent. A person in a position of trust or authority includes people like a teacher, coach, police officer, babysitter, religious leader or healthcare worker
• claims to consent on someone else’s behalf
• lies to get consent.

You can find out more about consent at breakthesilencens.ca

Depending on what happened, your partner might be charged with a crime. This could be crimes such as:

• sexual assault
• sexual assault with a weapon
• threats to a third party or causing bodily harm
• aggravated sexual assault
• human trafficking.

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You can call the police if your partner assaults or threatens you. A family member, neighbour, friend or someone else might call the police if they hear or see the assault and are worried about you or your children.

The police enforce the law and look into crimes. Police are allowed to come into your home when they get a report of abuse or family violence.

When they come to your home, the police will talk with you, your partner and any other family members or witnesses who saw or heard what happened. They will do this before deciding if they should charge either or both of you with a crime.

The police decide what happens. You do not decide. Your partner does not decide.

The police will talk to both you and your partner, and look for evidence to decide if they will charge anyone involved with a crime. There is always a chance that you will be charged with a crime, even if you are the person who was abused.

Sometimes an abused partner could be charged with a crime because:

• your partner lied to the police about what happened
• the police might not have a good understanding of family violence or abusive relationships and may not know what is really going on
• language and/or cultural barriers make it difficult for you to explain what happened to the police.

If the police think there is a good legal reason (called reasonable grounds) to believe that someone committed a crime, they must charge that person with a crime. This means the police may charge your partner, you, or both of you with a crime.

The police must also make a referral to Child Protection Services if they think your child or children have been harmed or are at risk of being harmed. Child protection law says everyone must keep children safe from harm. If a child protection worker contacts you then it is important for you to understand the reason why there has been a referral and anything you can do to make sure your child is safe.  You can get legal advice about child protection from a lawyer you would pay, or from Nova Scotia Legal Aid. You can get more information about child protection at nsfamilylaw.ca.

If your partner is charged, the police can connect you with Victim Services. They can help support you. See the RESOURCES section below for more information.

Yes, a partner can be charged with sexual assault. Being married or in a close or intimate relationship does not give your partner the right to sexually assault you. There does not have to be a witness other than the survivor for a judge to convict a person of sexual assault.

If you have been sexually assaulted, you may want to visit a nurse through the Sexual Assault Nurse Examiner Program (SANE) to do a medical exam and/or collect evidence within seven days of the sexual assault. Medical evidence can help if you decide to report what happened to the police and the person is charged with sexual assault. Sexual assault survivors can get services and support by calling the SANE response line in your area or by contacting the police, a healthcare professional, or a local transition house or shelter.

Go here for more information on SANE.

Other examples of crimes that are considered family violence:

• If your partner forced you to stay somewhere by threatening you or physically stopping you from leaving, they might be charged with 'forcible confinement'
• If your partner threatened to harm you, your child, pets or property, they might be charged with 'uttering threats'.   Threats might be made to you in person, or in another way like text messages, on social media posts, or by telephone
• If your partner damaged your property they might be charged with 'mischief'.  This is when someone damages property such as keying your car or punching a hole in the wall during an argument.
• If your partner took your property (for example, your pet or vehicle) without your consent they might be charged with theft.
• 'Criminal harassment' is also a common charge in partner abuse cases. Criminal harassment includes things like stalking, harassing phone calls, or unwanted visits to your home or workplace. Stalking is when you have a reasonable fear for your safety because your partner does one or more of the following:
  
  
  • watches and follows you
  • damages your property
  • tries to contact you when you don't want them to
  • sends you lots of messages that you don't want by mail, voicemail, text, email, social media posts, or through other people.

If your partner is charged with a crime the police will most likely take your partner from your home to the police station. Your partner might be released by the police or by the court if your partner agrees to follow certain conditions, which could include:

• not contacting you
• not going to the family home
• having limited or no contact with your children
• not having a gun or any kind of weapon
• handing in their passport
• showing up in court on the date ordered.

These conditions will be written in a legal form called an 'undertaking' (a written promise to a police officer) or a 'recognizance' (a court order from a judge).  These forms are also sometimes called a 'no contact' order.

If your partner was released and contacts you, or does not follow other conditions, you should call the police. Your partner may be arrested, charged with a new crime, and/or kept in custody until the matter goes to court.

Conditions can be changed by the court at any time during the court process. They end when the case is over.  If your partner is found guilty then the sentence they get may have similar or new conditions they must follow.

Your partner might try to force or scare you into asking the Crown Attorney (a government lawyer) or the court to change or remove the conditions. If your partner threatens you or your children, you should tell the police. Your partner can be charged for making this type of threat.

If you also have a family court case, you need to tell your family law lawyer or the family court about any conditions of release. It is important that your family court orders and criminal court orders say the same things.

Divorce law says judges must make sure they know about cases happening in other courts, such as criminal court or a child protection case.  You have a legal duty to tell the court about other criminal or non-criminal cases.  In all family law cases the judge must consider family violence so be prepared to answer questions about other cases. 

You may have to go to court if the police charge your partner with a crime. If you need one the police and the courts must provide an interpreter free of charge for you and any other witnesses. You will have to go to court if you are charged with a crime.

Only the Crown Attorney can change or withdraw criminal charges.

Police or court conditions for someone charged with a crime:
If the police were called and the person is arrested, the police can require them to sign an undertaking. This is a written promise to follow conditions. This can include a promise to not contact the person being abused until it goes before the court. A judge can also order them to stay away as part of their release from custody.

If you want to keep your partner away, but you do not want to call the police, or the police do not charge your partner with a crime, you can apply for:

• an Emergency Protection Order, or
• a Peace Bond
• a Cyber-Protection Order to stop cyberbullying.

An Emergency Protection Order (EPO) is a temporary court order made by a Justice of the Peace to protect a victim of family violence when the situation is serious and urgent.  An Emergency Protection Order may be made under Nova Scotia's Domestic Violence Intervention Act.

If you live on reserve, go to nsfamilylaw.ca for specific information about Emergency Protection Orders on reserve.

You can apply for an EPO if you are 16 or older, and:

• live with, or lived with, your partner as a couple; and/or
• you have a child or children together, even if you have never lived with each other.

If granted, an EPO:

• can order that your partner have no contact with you
• can give temporary care of a child to you or to another person
• can order your partner not to take, sell or damage property
• can give police power to remove your partner from the place where you live (owned or rented), and/or, go with you or your partner to the home to oversee getting personal items
• can give you temporary possession of personal property like a car, bank card or other important things you need
• is put in place right away and lasts up to 30 days.

An EPO gives immediate, short-term help. It gives you time to look at longer-term options like applying for a peace bond, making a report to the police to see about possible criminal charges, or applying to family court.

If your partner disagrees with the EPO, your partner may challenge it at the Supreme Court of Nova Scotia.

An EPO is not a parenting order. While care of a child can be granted in an application for an EPO, it is not common. Talk to a family lawyer about parenting arrangements like decision-making responsibility and parenting time, and other family law issues like child and spousal support, and dividing family assets and debts.  If an EPO that covers the care of a child is put in place, the EPO will temporarily replace any other court order that covers parenting arrangements.  When the EPO runs out the other court order will be in place.

An EPO can last up to 30 days. It may be extended for up to another 30 days. If you want an extension you must apply to court at least one week before the EPO runs out. Or, if you have new evidence, you could apply for a new EPO.

You apply for an EPO over the phone by calling the Justice of the Peace Centre at 902-424-8888 or 1-866-816-6555 or by contacting the nearest transition house or police services for help applying.

You can apply any day of the week from 9:00 a.m. until 9:00 p.m. A police officer or other designated person (such as someone working at a transition house) can apply on your behalf after regular business hours.

When you call, a Justice of the Peace will speak with you to decide if an EPO should be made.

If you need an interpreter to help you apply for an EPO, you must arrange one. The interpreter cannot be your family member or friend. They must be a professional interpreter. Nova Scotia Victim Services and/or The Association of Translators and Interpreters of Nova Scotia (ATINS) can help you find a professional interpreter (see the RESOURCES section below for more information).

If your partner does not follow the EPO and is charged and found guilty of that offence they face a fine or up to 3 months in jail for a first offence. Failing to follow an EPO will not result in criminal charges.

If you have an EPO and you think you might want to apply for a peace bond in the future, it is a good idea to talk with a lawyer.

A peace bond is a criminal court order. You can apply to court for a peace bond if you fear that your partner or ex-partner will harm you, your family, or your property. A peace bond can require that your partner or ex-partner stay away from you.

You can apply for a peace bond at the Provincial Court or Family Court. 

The court will give you the forms you need to apply. Once you fill out the forms you will speak with a Justice of the Peace who will decide if the application will go to court. Only a judge can order a peace bond.

Applying for a Peace Bond can take a long time. Tell court staff before your court date if you need an interpreter. The court may arrange one depending on the language and interpreter’s availability. You do not have to pay for the interpreter. You can go to court with a lawyer or on your own. It is always a good idea to talk with a lawyer if you have to go to court, even if you go to court without a lawyer.

If a peace bond is granted it is a court order. It will include a condition that your partner not break the law ('keep the peace and be of good behaviour') for a period of up to 12 months. It may also have conditions saying your partner must:

• have no contact with you (except with your written consent)
• have no weapons, and/or
• stay away from certain places like where you live or work.

If your partner does not follow the conditions of the peace bond they may be charged with a crime. If found guilty your partner could be fined, sentenced to probation for up to three years with conditions, or jail. Depending on the terms of the sentence your partner could get a criminal record if they break the peace bond.

Here is more information about applying for a peace bond.

The Intimate Images and Cyber-protection Act aims to protect people from being bullied online, or from having intimate images of themselves shared without their consent. Cyber-bullying is when someone uses electronic communication, like email, text messaging or social media communication, to harm your health or well-being. They might be doing this on purpose to hurt you or they might not care about hurting you.

Examples of cyber-bullying:

• creating a website, blog or profile that takes your identity
• sharing sensitive personal information or breaking your confidence
• posting or sharing private intimate images online without your consent
• threatening, intimidating, harassing or scaring you online
• making false statements about you
• communications that are grossly offensive, indecent, or obscene
• encouraging you to commit suicide.

Cyber-bullying can also include encouraging or forcing someone else to do these things.

The law also protects you if someone distributes a private intimate image of you, such as a photograph, film, or video, without your consent. An intimate image is one that is private, shows sexual activity or nudity or partial nudity. It is an image you have good reason to think will stay private.

For example, without asking you and to try to hurt you, your former partner posts a private, sexually explicit, intimate picture of you on Facebook that you had good reason to think was going to stay private.

A cyber-protection order can order the person to stop the bullying and/or sharing of images, and do things like:

• stop the person from contacting you
• order that they take down or disable access to an intimate image or communication about you; and/or
• award damages to the victim.

You apply to the Supreme Court of Nova Scotia for a cyber-protection order. You can apply with a lawyer’s help or on your own. A parent or guardian of a victim under the age of 19 can also apply to Supreme Court for a cyber-protection order. You can get information about applying to the Supreme Court of Nova Scotia for a cyber-protection order at courts.ns.ca.

Cases under this law have been heard at the Supreme Court of Nova Scotia. When the court finds that cyberbullying happened, the court may order the offender(s) to pay money to the victim. The amount of money could be significant.

Nova Scotia’s CyberScan Unit oversees Nova Scotia’s Intimate Images and Cyber-protection Act and can give you help and information, including about applying to court for a cyber-protection order. Contact CyberScan at novascotia.ca/cyberscan/ or call 902-424- 6990 or 1-855-702-8324.

The law says that anyone who has reason to believe that a child has been harmed, or might be harmed, must report this to Child Protection Services. Harm can include the child being exposed to family violence, even if the child is not being physically hurt.  You can get more information about child protection at nsfamilylaw.ca, and read the Child Protection Booklet - What you need to know when child protection takes your children into care, also available in french Ce que vous devez savoir lorsque les Services de protection de l'enfance prennent en charge vos enfants and in Mi'kmaq: Ta'n nuta'q +kjijitun ta'n tujiw lkalkewaq wesua'la'tiji kinijink anko'tasinu

Child Protection Services will contact you if a report is made. They will suggest services and resources to help you. They may tell you to prevent a person from having contact with your child, or if there is contact it must be supervised. If supervised contact has been directed then consider who is best to supervise the contact because in most cases it would not be appropriate for you to provide the supervision. Child Protection Services can remove your child from the home if they believe it is necessary in order to protect your child. Therefore, it is important for you to get legal advice so you can make good choices to protect your children and keep them safe and connected with you.

Get legal advice right away if you or your child has any contact with Child Protection Services.

If you are asked to sign anything, or your child is removed from your home, you should contact a lawyer right away. You have the right to know where your child is and to have contact with your child, unless there is an undertaking to a police officer or a court order preventing you from contact with your child. For help you should contact Nova Scotia Legal Aid or a lawyer you would pay who does family law, including child protection law to obtain legal advice on your rights and the rights of your child in this situation.

See the RESOURCES section below for support services.

Remember that children love their parents and other important people in their life. If there is abuse then children experience that abuse too – sometimes they see the abuse, other times they hear the abuse or see the impact of abuse.

You have a duty to protect your children from abuse and abusive situations. You also have a duty to make sure that your child is not placed in the middle of a separation. Children need to be informed in a child centered way about what is happening. They need to know where they will live, when will they see the other parent and other important people in their life, what school they will be going to, whether they will still be able to take part in their favourite extracurricular activities, etc. Helping to remove some of the anxiety your child will experience at the time of separation will help create resilience and acceptance that their new circumstances will be okay. It is important to reassure your child or children that you recognize their feelings and needs.

Child Protection
if a child experiences or is at risk of experiencing family violence by their parents or other important caregivers or people in their lives then there is a duty to report to child protection. If a child protection worker determines the child is at risk of harm, then depending on the level of risk, the parent may be asked to place the child outside of the home with the other parent or relatives. If there is a child protection process the child may be placed in the care of the Minister of Opportunities and Social Development. If child protection is involved then it is important to get legal advice. It is important that each parent take steps to address the protection concerns, such as registering for a family violence awareness program or personal counselling as soon as possible.

If there is family violence, parents, lawyers, and anyone who works with the family must focus on keeping the child safe. Everyone must work together to create a legal response to support healthy relationships, minimize exposure to violence and improve the child’s or youth’s overall safety. It is also important to make sure the child’s voice is heard and considered.

Children have a right to be safe. Family laws, including the Divorce Act (federal) and the Parenting and Support Act (Nova Scotia) recognize the impact of family violence on children and their caregivers. Family laws say a judge must look at family violence as a factor in deciding what is best for a child. This includes whether family violence was directed at the child or whether the child is directly or indirectly exposed to family violence.  Parents should:

• always make decisions in the best interests of their child (listening to them will help), and
• not involve their children in their disputes (for example, parents should not record their conversations with the child for possible use in family court proceedings, or ask the child to carry messages to the other parent)

Go here to learn more about family violence and the best interests of the child.

If you are a Canadian citizen born abroad or a permanent resident, you can stay in Canada if your partner is arrested or if you leave the relationship. You will not be deported.

Speak with a lawyer who does immigration law as soon as possible if:

• you have temporary status or no immigration status
• you are sponsoring your partner
• your sponsor is trying to force you out of Canada
• your partner or someone else is threatening to hurt your family back home.

A lawyer can also tell you if you are able to get government income support like income assistance and the child tax benefit.

If your spouse has been charged with a crime, your spouse may try to use threats to keep you from leaving or to try to scare you into dropping the charges, but charges can only be changed or dropped by the Crown Attorney (a government lawyer). The complainant or victim does not have the power to change or drop the charges.

Conditional Permanent Residence
Conditional permanent residence no longer applies to anyone. This means there is no conditional period (set amount of time) where you must live together with your sponsor to keep your permanent residence status in Canada.

Abuse is a community issue—not a private family matter. Everyone has a part to play in helping to stop abuse and foster healthy relationships. You can get help and support if you are in an unhealthy or abusive relationship, or if you want to help someone who is experiencing abuse.

If it is an emergency or someone is in danger, call 9-1-1. They can connect you with the police or medical help.

You can go to:

• nsdomesticviolence.ca for information and resources about family violence
• nsfamilylaw.ca for more information on the law and family violence
• breakthesilencens.ca for information and resources about sexual violence
• Talk to a lawyer. A lawyer can help with legal problems like separation, custody, child and spousal support, criminal charges, applying for a no contact order, and immigration concerns. Go here or see the RESOURCES section below for ways to get legal advice.

Call the police or let the person know that they can talk to you. You can also offer to take them to a safe place if they decide to leave the abusive situation, or you can provide information about what services are available. Go to nsdomesticviolence.ca for information about other ways you can help.

Call 9-1-1 if you and/or your children are in danger right now.

You can also:

• see a doctor, nurse or psychologist
• leave your partner and/or the abusive situation
• get counselling, support, help with safety planning and shelter from a transition house or community organization
• talk with someone you trust.

If you have been physically hurt and it is an emergency, call 9-1-1 for medical help. If you have been sexually assaulted in the past 5 days (120 hours), you can call the police and ask for an ambulance to take you to the health centre. You have the option to ask for a female nurse at the health centre.

 If your community has a Sexual Assault Nurse Examiners Program (SANE), you can ask the hospital or health centre staff to call SANE for you. SANE is a 24-hour, 7 day a week program that serves people of all genders (including trans-identified people) and all ages who have experienced a sexual assault in the past 7 days (168 hours).

SANE has several 24 hour response lines depending on where you live:

• Annapolis Valley, South Shore and Tri County areas: 1-833-577-SANE (7263)
• Halifax area: 902-425-0122
• Guysborough, Antigonish, Pictou and Richmond Counties: 1-877-880-SANE(7263)
• Sydney and greater Cape Breton areas: 1-844-858-8036
• Cumberland, Colchester East Hants and Eastern Shore areas:1-833-757-SANE (7263)

The response lines offer non-judgemental, confidential support and information about options after an immediate sexual assault. SANE also offers supportive care and follow-up for sexual assault survivors. The response line will get an oncall nurse to call you, and can answer your questions.  More information on this program is at nshealth.ca/sane.

You decide if you want to get a medical exam and/or have evidence collected.

A medical exam may include:

• taking a medical history
• treatment of injury
• documenting the details of the sexual assault
• taking blood and urine samples to test for pregnancy and/or infections
• doing an internal exam (vaginal) and general physical exam
• emergency contraception (eg. Plan B / the ‘morning after pill’)
• antibiotics for treatment of sexually transmitted infections
• medication to help prevent getting HIV/AIDS.
• follow-up treatment information
• safety plan
• contact information for aftercare or other needs

To collect evidence (or do a forensic examination), nurses prefer that you do not shower, bathe, douche, use the washroom, change your clothes, eat/drink or clean your teeth until the exam is completed. This could destroy evidence. Nurses could also ask to collect your clothing for evidence, do a head-to-toe visual exam looking for injuries and/or take photographs of the injuries. Police are not present during the exam. If you decide to immediately report the sexual assault to the police, SANE nurses can help notify the police and will provide the evidence collected. If you decide not to file a report with the police, they can still collect evidence and keep it for a period of time. If during this time you decide to report the sexual assault, SANE can give the evidence to the police. The evidence will not be destroyed without your consent.

Go to nshealth.ca/sane for SANE contact information in communities across the province.

If you have been bullied or harassed online, or by text or email, or had intimate pictures of you shared without your consent, you can speak with the police, or contact Nova Scotia’s CyberScan Unit. CyberScan oversees Nova Scotia’s Intimate Images and Cyber-protection Act. Contact CyberScan at novascotia.ca/cyberscan/ or call 902-424-6990 or 1-855-702- 8324. You can also speak with a lawyer. And, see the information on cyber-protection orders above.

There are community programs that give education and counselling to people who have abused their partners and/or children. There are gender based programs and couple based programs. They programs teach about how to have healthy and respectful relationships. If you have abused or been in an abusive relationship these programs may help improve communication and safety if you have children with the abuser. Children are harmed when they fear, witness or experience family violence. If you are a parent it is important to find a program or service that helps you find and maintain a safe relationship with the other parent.

See the RESOURCES section below for more information on how to contact these programs.

You may need to talk to a family lawyer for help with parenting arrangements, child and spousal support or property division, or help if you are trying to get an Emergency Protection Order (EPO) or other court order. You can speak to a criminal lawyer if you have a criminal charge or need help to get a peace bond. It is a good idea to talk with a lawyer if you want to apply to Supreme Court for a cyber-protection order. You can speak with an immigration lawyer if you have immigration concerns.

A trusted family member or friend may be able to help you find a lawyer. You can also contact Legal Info Nova Scotia’s Lawyer Referral Service (902-455-3135 in Halifax or 1-800-665-9779 for the rest of Nova Scotia, or email [email protected]) for a referral to a lawyer you would pay. Go here for other ways to find a lawyer.  Before hiring a lawyer, ask the lawyer how they charge for their work and how much the lawyer thinks the process will cost.

If you cannot afford a lawyer, contact Nova Scotia Legal Aid (NSLA). You can apply for Legal Aid online at www.nslegalaid.ca/onlineapplication, or by calling or visiting your local NSLA office (see the RESOURCES section below for more information).

If you need an interpreter for meetings with your lawyer, you will be responsible for the cost if the lawyer is not a Legal Aid lawyer. You do not have to agree to have your children or friend interpret for you.

If the police are called during or after an assault, you can ask them to take you to a transition house or shelter. Transition houses and shelters give women and their children a short-term safe place to live, and can give you information and support.  

Help is still available during the COVID-19  pandemic.  Transition houses throughout Nova Scotia are providing shelter with government support, while still following public health advice. 

You can contact a transition house or shelter yourself. Contact the shelter nearest you or contact the Transition House Association of Nova Scotia (THANS)  - 902- 429-7287, or call 1-855-225-0220 toll free, day or night. THANS is a network of shelters and transition houses with locations across the province. Or, you can contact Nova Scotia 2-1-1 to find your closest transition house or shelter.

After leaving an abusive situation, second stage housing provides safe and affordable housing for women and their children for six months to one year.

You can also choose to rent an apartment or stay with a family member or friend. Shelters and crisis services are also available for men. For more information, see the RESOURCES section below.

It is best to take your children with you if you are concerned about their safety or you think that your partner will try to stop you from seeing them.

As long as it is safe, you have a duty to tell the other parent about how the children are doing and, when it is safe to do so, arrange for the parent to spend time with the children. Often parents work with a neutral person to help maintain a child’s connection with the other parent after separation where there has been abuse and/or risk of abuse. You should contact a family law lawyer to get legal advice about your situation as soon as possible.

If the other parent has taken the children and refuses to let you see them, then see if there is a neutral friend or relative who can reach out to the parent and arrange your time with the children. If contact is refused then you should seek out legal advice. You may make an emergency application at family court for parenting time with your children.

Whether or not you take the children with you, you can apply immediately to family court for interim (temporary) parenting order for care of your children, and child and spousal support orders for you and your children. You can ask the court to limit your partner’s time with your children, and to make it against the law for your partner to take the children from you.

You can ask the court to set a schedule for the other parent’s time with the children. When appropriate you may ask the court to require the parent’s parenting time to be supervised or that the exchange of the children take place in a public or supervised setting.

You should not try to take the children out of the province or the country as your partner could accuse you of kidnapping the children. If you plan to visit with family in a nearby community then you should inform the other parent of your plan to visit so they do not worry about the children. Your lawyer will explain what you can and cannot do. You can get legal information, about family law at nsfamilylaw.ca, including information about family law rules around relocating with a child after separation or divorce.  See the RESOURCES section for ways to get family law advice.

If you leave your partner and have no income, you may also be able to get income assistance from Nova Scotia’s Department of Opportunities and Social Development if you are a Canadian citizen, permanent resident, refugee claimant, or a Temporary Resident Permit holder (not the same as a Temporary Resident Visa for school, work, or visits). You can apply for income assistance over the phone by calling 1-877-424-1177, or go to your local Nova Scotia Opportunities and Social Development office. You will be asked for your bank statements, Social Insurance Number (SIN), Nova Scotia Health Card number, and other documents to help the intake person understand your financial and/or family situation. You may find out on the first call whether you are eligible. Or you may get a meeting with a worker or be asked to wait for someone to return your call.

You might be able to end your lease for your rented apartment or home early, without a financial penalty, if you are leaving an abusive situation.

Year-to-year or fixed-term lease: Contact the Department of Justice Victim Services (902- 424-3309 or 1-888-470-0773) to see if you can end your lease with one month’s notice to the landlord. If you are a survivor of domestic violence, Victim Services can help you file an application to end the lease.

Month-to-month or week-to-week lease: You can end your lease using Nova Scotia Residential Tenancies Form C (“Tenant’s Notice to Quit”). You must give one month’s written notice to end a month-to-month tenancy, or one week’s written notice to end a week-to-week tenancy. Contact Nova Scotia Residential Tenancies (Access Nova Scotia) at 902-424-5400 or 1-800-670-4357 for more information about Residential Tenancies. Nova Scotia Legal Aid or Dalhousie Legal Aid can also help.

After at least three months in a job, you might be able to take time off work if you and/or your child experience abuse. This is called domestic violence leave. It gives employees the right to take time off work to move or to get medical, legal and/or psychological support or other professional counselling for you and/or your children.

Domestic violence leave allows an employee to take:

• up to 16 weeks in a row of unpaid leave, and
• up to 10 days of protected leave in a calendar year, taken all in a row or broken up. Protected leave means that after the leave you must be allowed to return to the same job or, if that job is no longer available, to a comparable one with no loss of seniority or benefits. Employers must pay for up to three days of domestic violence leave.

This leave applies to employees in provincially regulated workplaces, and to unionized employees. You can combine domestic violence leave with other types of leave. Contact Nova Scotia Labour Standards (902-424-4311 or toll-free at 1-888-315-0110) for more information about domestic violence leave and other leaves from work.

211 Nova Scotia
2-1-1 or text 21167
ns.211.ca
Finds services in your community any time. Expanded supports are available for women, and people of all genders, including trans, non-binary, two-spirited, and gender-diverse folks. No matter where Nova Scotians live or how they identify, if they have concerns about their well-being, safety, and/or the safety of others, services are available any time of day or night and any day of the year. Supports include information, navigation, referrals, and brief intervention counselling. All Genders Helpline, Women's Helpline, Men's Helpline: call 2-1-1.  Free and confidential.

2-1-1 can help you find:

• a safe place away from an abuser
• information or advice about the law
• victim services to help when you need it.

Healthlink 8-1-1
811.novascotia.ca
Information or advice about your health. It can help you find a health care service in your area. Nurses can help you in French or English. They can also help through an interpreter in many languages.

Adult Protection Services - Nova Scotia Department of Health and Wellness
1-800-225-7225 toll-free
Adult Protection Services can help if you are worried that an adult is being neglected, abused or harmed. You can call between 8:30 a.m. and 4:30 p.m., Monday through Friday.

Child Protection Services (Department of Opportunities and Social Development)
2-1-1 to find Child Protection Services near you.
Call Child Protection Services if you believe that a child is being abused or neglected or could be abused or neglected, you can call Child Protection Services. During the day, contact the district office of the Department of Opportunities and Social Development near you. After 4:30 p.m., call 1-866- 922-2434. 

Canadian Human Trafficking Hotline
Anyone who is a victim of human trafficking or knows a victim can contact the confidential Canadian Human Trafficking Hotline at any time at 1-833-900-1010 (toll-free) or https://www.canadianhumantraffickinghotline.ca/

Neighbours, Friends and Families Program
A campaign to help people learn signs of violence against women. To learn more, visit nsdomesticviolence.ca/nff

General information on family violence and resources
women.novascotia.ca/resource-map and
nsdomesticviolence.ca

Women’s Centres
womenconnect.ca
Help with information, support, advocacy and referrals across Nova Scotia

Making Changes
Making Changes: a book for women experiencing intimate partner abuse, with information that is also relevant to men and nonbinary people who have experienced abuse. A Nova Scotia Advisory Council on the Status of Women publication.

Nova Scotia Rainbow Action Project
nsrap.ca
Seeks equity, justice, and human rights for 2SLGBTQIA+ people in Nova Scotia

Healthy Family Relationships: What newcomers need to know

Leaving an abusive relationship: 12 tips

Independent Legal Advice for Sexual Assault Survivors Program
2-1-1
novascotia.ca/SexualAssaultLegalAdvice
Up to 4 hours of free legal advice if you have been sexually assaulted and are 16 years old or older. You do not have to report to police or go to court if you use this service. They can help in English or French, or use a free interpreter for other languages.

Halifax Refugee Clinic
902-422-6736
halifaxrefugeeclinic.org
Gives immigration legal services to refugee claimants and people in need of protection who cannot afford a private lawyer. They offer legal advice to survivors of domestic violence only about their immigration status.

Nova Scotia Legal Aid
nslegalaid.ca or look under Legal Aid in the telephone book
Free legal information, advice and representation for adults and youth. Legal Aid might help with criminal or family law, employment insurance, income assistance, or a problem with your landlord. Some services are based on financial need. Apply online at nslegalaid.ca or contact your local Legal Aid office. Legal Aid can help if you are accepted into Domestic Violence Court in Sydney or Halifax.

Dalhousie Legal Aid Service
902-423-8105
Free legal information, advice, and advocacy if you have low income. They can help with issues like income assistance and tenant rights and housing. They do not do immigration issues or adult criminal matters.

Legal Information Society of Nova Scotia
1-800-665-9779 (toll-free) or 902-455-3135
legalinfo.org
Email: [email protected] (English or French)
Free legal information on any legal topic, or help to find a lawyer and other legal help, provided by telephone, email and live chat.  You do not have to give your name.

Accès Justice Access
902-433-2085 or 1-844-250-8471 (English or French)
Free legal information and legal form-filling help. You must make an appointment. In-person in Halifax.

Mi’kmaq Legal Support Network
1-877-379-2042
mlsn.ca

Support services and victim support services to Aboriginal people in Nova Scotia, particularly through the Mi'kmaw Court Worker Program and the Mi'kmaw Customary Law Program.

reachAbility
902-429-5878 or 1-866-429-5878
reachability.org

Legal referral service for people with disabilities.

nsfamilylaw.ca
Nova Scotia legal information about parenting arrangements, separation, divorce, child and spousal support, and domestic violence.

Emergency Protection Order—Justice of the Peace Centre
1-866-816-6555 toll-free or 902-424-8888
Call the Justice of the Peace Centre to apply for an emergency protection order. A justice of the peace will hear your story and decide right away whether to give you an emergency protection order.

Online Abuse (CyberScan Unit)
902-424-6990 in Halifax or 1-855-702-8324 toll-free
novascotia.ca/cyberscan/

CyberScan helps if someone has shared private pictures of you without your consent or is bullying you online, or by text or email. They might also help you apply to the Supreme Court of Nova Scotia for a cyber-protection order.

Domestic Violence Courts
courts.ns.ca
902-563-3510 (Sydney) , 1-844-424-7404 (Halifax) or by email at [email protected] (both courts).

Special court that helps protect survivors of domestic violence and their families from future abuse. Programs to help people who commit abuse change behaviour and prevent future abuse. Connects family members to
services and supports near where they live

Transition House Association of Nova Scotia
902-429-7287 or 1-855-225-0220 (day or night) or call 2-1-1
thans.ca
They can help you find a shelter near you if you want to leave an abusive relationship. Shelters can also help with information, crisis support and safety planning, even if you do not want to live at a shelter. You do not have to give your name.   

Bryony House (Transition House Association of Halifax)
902-422-7650 (crisis number)
902-423-7183 (shelter main number)
bryonyhouse.ca
Women in Halifax who are leaving domestic violence or abusive relationships can call any time of the day or night and any day of the year.

Autumn House Support Line
902-667-1200 any time of day or night.
autumnhouse.ca
Contact for women and men in abusive relationships. Men who abuse their partners who want help to change can also call this number, or 902-667-4500 during the day.

Eskasoni Mental Health Services
902-379-2099 1-855- 379-2099 any time of day or night
eskasonimentalhealth.org

Province-wide support to Mi’kmaq people, provided by Eskasoni Mental Health.

Mental Health Mobile Crisis
1 888-429-8167, any time of day or night.
Help for anyone experiencing a mental health crisis.

Provincial Victim Services Program
Information, support, and help if you are a victim of crime, or the spouse or relative of a victim. Information about your case, help to write a victim impact statement, help to apply for money or counselling and get special help for child victims or a witness of a crime. 

Halifax or Dartmouth or the South Shore: 902-424-3309
Annapolis Valley: 902-679-6201 or 1-800-565-1805 toll-free
Northern Nova Scotia: 902-755-7110 or 1-800-565-7912 toll-free
Cape Breton: 902-563-3655 or 1-800-565-0071 toll-free

Halifax Regional Police Victim Services
902-490-5300
Helps you in a crisis and after a crisis. Emotional support and help to find services. Help applying for a peace bond in the Halifax area.

Mi’kmaw Victim Support Services
1-877- 379-2042 (Cape Breton)
902-895-1141 (Mainland NS)
Victim support for aboriginal people dealing with the criminal justice system. Provided by Mi’kmaq Legal Support Network

RCMP Victim Services
1-888-995-2929
Information or emotional support after a crime. Call and leave a message. They call you back in 24 hours.

Sexual Assault Nurse Examiner (SANE) Program

If you have been assaulted in the past five days, call and leave a message. A nurse will call you back right away. You can also go to an emergency department for medical help or go to the police to report the assault. You can also tell your family doctor or nurse practitioner.

Halifax: 1-877-880-7263
Guysborough, Antigonish, Pictou and Richmond Counties: 1-877-880-SANE (7263)
Sydney area: 1-844-858-8036
Yarmouth area: 1-833-577-SANE (7263)

Antigonish Women’s Resource Centre and Sexual Assault Services Association
awrcsasa.ca
902-863-6221
Counselling for all genders

Avalon Sexual Assault Centre
avaloncentre.ca
902-422-4240
Counselling, community navigation and legal navigation for all genders

Colchester Sexual Assault Centre
colchestersac.ca
902-897-4366
Counselling for all genders

New Start Counselling - Healing Narratives (Dartmouth)
newstartcounselling.ca
902-423-4675 or [email protected]
Free counselling for men who have
experienced sexual assault

Sexual Violence information and Training
breakthesilencens.ca
Nova Scotia information, resources, and training about sexual violence

Independent Legal Advice for Sexual Assault Survivors Program
see Legal Help above.

A Survivor’s Guide to Sexual Assault Prosecution
novascotia.ca/pps/publications/survivorsguide-to-sexual-assault-prosecution.pdfto-sexual-assault-prosecution.pdf
Nova Scotia Public Prosecution Service publication for sexual assault survivors that explains each step of a sexual assault prosecution, and what the survivor can expect to happen in court.

New Start Counselling (Dartmouth)
newstartcounselling.ca
902-423-4675 or [email protected]

CornerStone Cape Breton (Sydney)
cornerstonecb.ca
902-567-0979 or [email protected]

New Directions (Amherst)
autumnhouse.ca
902-667-4500 or [email protected]

Freeman House's Alternatives Program (Bridgewater)
902-543-7444 or 1-877-882-7722 toll-free, or [email protected]

New Leaf (Pictou County)
902-396-2440

Bridges (Truro)
bridgesinstitute.org
902-897-6665 or [email protected]

African Diaspora Association of the Maritimes

Focuses on the needs of immigrants of African Diaspora descent

Salvation Army Atlantic Refugee and Immigrant Services Project
902-477-5393, extension 224
Helps you fill out immigration forms and travel papers.

Immigrant Services Association of Nova Scotia
902-423-3607
isans.ca
Helps newcomers settle in Nova Scotia. Also helps permanent residents who have a crisis, like abuse in a relationship. Free interpretation is available.

Association of Translators and Interpreters of Nova Scotia
https://www.atins.org/
Provides access to certified professionals for people who need language services.

Rainbow Refugee Association of Nova Scotia
rainbowrefugeens.com
Privately sponsors, resettles, and advocates for LGBTQI+ refugees in Nova Scotia.

YMCA Newcomer Programs
ymcahfx.ca
Programs and outreach services for newcomers.

The Nova Scotia Supreme Court (Family Division). It deals with all family law issues, including divorce, dividing assets (such as property), parenting arrangements, child support, spousal support and child protection. 

In Canada, a marriage breakdown is the only legal reason for divorce. You can prove the marriage has broken down in one of these ways:

• you and your spouse have been separated for at least one year
• your spouse committed adultery (cheated on you)
• your spouse was physically or mentally cruel to you.

Courts call these the “grounds” for divorce.  In nearly all divorces in Nova Scotia, the couple was separated for at least one year.

You cannot ask for a divorce based on your own adultery or cruelty.

For the court to grant a divorce, at least one spouse must swear that there is no chance of getting back together (reconciliation).

You should always talk to a lawyer when you are thinking about getting divorced. Only use a do-it-yourself kit if you are seeking a divorce based on a one-year separation or if your spouse has admitted adultery or abused you. 

Yes. You can apply for divorce in Nova Scotia if you or your spouse has lived here for at least a year immediately before applying. 

There are 3 different ways to apply for divorce. 

If you submit a joint application for divorce, both spouses sign the application as co-applicants. 

If you submit an application for divorce by written agreement, either spouse can be the applicant, and the other is the respondent. 

The only way to apply for a divorce without your spouse’s agreement is to file a petition for divorce. Three things to know are:

• Either person may file a petition for divorce without their spouse’s permission or consent. 
• Either spouse can petition for divorce based on a one-year separation.
• Only a spouse who did not commit adultery or cruelty can seek a divorce for those reasons.

The forms are available from the Supreme Court (Family Division) with a brief instruction book. Online Guide to Filing for Divorce in Nova Scotia is a step-by-step guide with the forms for filing for divorce.

You can complete the forms on your computer and print a paper copy to file with the court.

You can hire a lawyer to prepare the forms for you. If you decide to complete the documents yourself, you should still try to have a lawyer review them before you file them with the court. Check out the lawyers and legal help page for help and advice on working with lawyers.

You can file for a divorce on your own. However, many steps are involved, and the process can be complicated, even for an uncontested divorce. If you cannot afford a lawyer, you can prepare the necessary documents yourself. Consider hiring a lawyer to do this for you, as representing yourself in court has risks.

Your divorce will permanently impact your life, including rights and legal obligations. Waiving a right to get spousal support or a division of property is final. It is rare for a spouse to go back to court and successfully get a different decision.

For a do-it-yourself uncontested divorce, you usually start by filing one of these applications:

•  Application for Divorce by Agreement
• Joint Application for Divorce.

It’s also possible to convert a contested divorce (petition for divorce) into an uncontested divorce if the respondent simply doesn’t reply to the petition. That requires filing two sets of documents and takes longer than the other types of uncontested divorces. 

You should contact a lawyer if you are not sure which to choose. Judges and court officers cannot give you legal advice. Make sure you understand the risks involved before you decide.

Getting divorced means agreeing to things you won’t be able to change once your divorce is final. It can affect your life for a long time. You should always talk to a lawyer if you are thinking about getting divorced, even if you decide to do it yourself.

For more information, go to nsfamilylaw.ca.

• If you are filing for a divorce without the help of a lawyer (“representing yourself”), you must complete a Divorce Workshop. This workshop gives you information on how to fill out the forms, how long the process takes, and what you can expect. For more information, you can speak with Family Court staff by going to https://www.nsfamilylaw.ca/separation-divorce/divorce, or emailing [email protected].
• You can make an appointment with a Nova Scotia Legal Aid summary advice lawyer. You do not have to qualify for Nova Scotia Legal Aid to use this service. The summary advice lawyers provide brief, basic legal advice free of charge. Go to https://www.nsfamilylaw.ca/legal-advice-information for contact information.
• Contact your local Nova Scotia Legal Aid office at: http://www.nslegalaid.ca/contact.php.

• The Family Law Information Program (FLIP) at the courts in Halifax and Sydney can offer assistance. Contact the FLIP in Sydney at 902-563-5761 or in Halifax at 902-424-5232 for further information, or go to: https://www.nsfamilylaw.ca/programs-services/family-law-information-program.
• Check out the Lawyers and Legal Help page for other possible sources of help. Remember: only a lawyer can give you legal advice.
• If you pay a private lawyer, they will fill out the forms.

An uncontested or desk divorce is where the spouses agree on the basis for the divorce (usually a one-year separation) and other issues, including parenting arrangements, child support, spousal support, property division, and debts.

The agreement is confirmed in a Corollary Relief Order (CRO), a court order covering parenting arrangements, support, asset and debt division. A judge approves the CRO as part of the divorce process. The spouses file the necessary forms with the court, and a judge reviews them in their office. That’s why an uncontested divorce is sometimes called a desk divorce.

Spouses are seldom asked to appear in court for an uncontested divorce. If there is missing information, the court will send each spouse a request letter or ask them to clarify CRO terms.

It depends. Either spouse may file for divorce as soon as you separate. But a court will only grant a divorce after you have been separated for 1 year unless the spouse seeking the divorce can prove the other spouse committed adultery or intolerable cruelty.

It can take 12 to 18 months for spouses to agree on all issues relating to their separation, such as parenting, child and spousal support, division of property and debts. Some spouses reach agreement sooner than this; others take longer.

After being separated for 1 year and agreeing on all issues, you can apply for an uncontested divorce. Even if you fill out all the forms correctly and provide all the necessary information, it may still take months for the court to process the forms and grant an uncontested divorce. You should contact the court to find out how quickly they can process an uncontested divorce.

When the court grants your divorce, you must wait 31 days from the date on your divorce order to be legally divorced. This is the appeal period. If neither spouse appeals, the court will mail you a Certificate of Divorce after the appeal period ends. You will need the Certificate of Divorce to remarry.

If you and your spouse have already agreed on everything and decide to hire lawyers, you can expect to spend about $1,500 to $3,000 for legal costs, plus HST (Harmonized Sales Tax) and the court filing fee. That price would be for getting independent legal advice, preparing the separation agreement and the necessary court forms. 

As of February 2024, the court filing fee for an Application for Divorce by Written Agreement or Joint Application for Divorce was $218.05, plus $25 for the law stamp and HST. There may also be some office expenses (photocopies, postage, couriers, etc.) and a fee for serving your spouse the divorce documents. These expenses are called “disbursements.”

More information about court filing fees

Generally, it costs more to hire a senior lawyer than a junior one. If you are concerned about the cost, ask whether a junior lawyer can help with the paperwork. Some lawyers may also be willing to help with part of the work, called a limited scope retainer, which will reduce costs.

Each spouse should get independent legal advice from a different lawyer. It is unethical for the same lawyer to provide legal advice to both spouses. Each spouse’s different legal needs require independent advice.

Yes. Nova Scotians with a low income can ask the court for a Waiver of Fees application: https://www.courts.ns.ca/resources/public/costs-fees. You will need to provide proof of your income.

Each spouse usually pays their legal costs in an uncontested divorce. The person who applies for the divorce pays the court filing fees and other court-related costs. Sometimes, spouses agree to share these costs.

You and your spouse can reach an agreement in several ways. You can:

• negotiate with each other
• hire a lawyer to negotiate for you
• hire a mediator to help

Mediators and conciliators cannot give legal advice. They do not decide issues for you and will not force an agreement. 

Each spouse should talk to their lawyer before signing any separation agreement. This is called getting independent legal advice.

Your lawyer will read the agreement with you and ensure you understand what it means and how it will affect you. They can explain your rights and obligations and may give an opinion on whether the agreement is fair.

Once you agree to the terms of a separation agreement, it is very difficult to change unless you and your spouse both agree.

If you cannot reach an agreement, either of you can apply to court to ask a judge to make an order on whatever issues you need to address. You will have opportunities to reach an agreement during the court process. For example, if you apply to court, the court process usually starts with conciliation, another chance for the spouses to meet and reach an agreement. Conciliators can order a spouse to provide full financial disclosure and make limited orders for child support, but they cannot force the spouses to agree.

You and your spouse will want a separation agreement that deals with the following:

• the type of parenting arrangements you will have for your children
• child support (the minimum amount allowed by law is in the Federal Child Support Guidelines)
• childcare and other children’s expenses (called s.7 expenses under federal law)
• whether spousal support will be paid and, if so, who will receive spousal support, how much, and for how long
• how property and debts will be or have been divided.

A divorce is contested if the spouses cannot agree on: 

• the reasons for the divorce (one-year separation, adultery or cruelty)
• parenting arrangements
• child or spousal support
• division of property and debts.]

When this happens, one spouse must submit a petition for divorce. 

There are many reasons why the spouses may be unable to reach an agreement related to their divorce. In some cases, the spouses disagree on the issues. In other cases, one of the spouses may simply refuse to communicate about the divorce. Whatever the reasons, if you cannot reach an agreement, filing a petition for divorce is the only option. 

A judge will decide on the issues the spouses cannot agree on unless they work things out before they go to trial.

If you and your spouse cannot agree on important questions and you have to go to court, it will probably take 2 or 3 years to finalize your divorce.

The overall cost depends on how reasonable the spouses are with each other and how complicated the issues are to resolve. If both sides hire lawyers and reach agreement quickly, legal fees may only cost a few thousand dollars each.

If one or both spouses are unreasonable or have complicated issues, it may cost each spouse $5,000 or more in legal fees to reach an agreement.

If the spouses cannot reach an agreement and a divorce trial is necessary, costs for each spouse can be between $5,000 and $40,000 or more in complicated cases. These are general figures. You should ask your lawyer to estimate how much your divorce will cost.

Yes. You can file for divorce in a province or territory if you or your spouse has lived in that location for at least a year immediately before you file. You will need to provide an original certificate from where you were married.

If you were married in a country that doesn’t give a marriage certificate, then there are steps you can take to prove your marriage and get a divorce in Canada. You should speak with a lawyer or a court worker for help on this process.

You can file for divorce if you or your spouse has lived in Nova Scotia for at least one year. This residency rule applies across Canada. It is part of the Divorce Act, which is Canadian law.

If you just moved to Nova Scotia from another province or territory, and your spouse has lived in another province for at least a year, you can ask your spouse to file for divorce where they live.

Yes, but it takes more work. First, you should do everything you can to find your spouse. For example, you might:

• contact friends or relatives to try to find your spouse
• do internet searches
• look on social media
• ask at your spouse’s recent home or place of work
• hire a private investigator to help locate your spouse.

Go to nsfamilylaw.ca for more ideas.

Keep written records of the steps you take to find your spouse. If you still cannot find your spouse, you can apply to court for an order for substituted service. This order will allow you to notify your spouse in a way other than personal service to ensure your spouse knows you have filed for divorce. It may include having the divorce documents delivered to someone else (for example, your spouse’s parents) who is likely to be in touch with them. 

To get an order for substituted service, you will need to convince a judge that:

• you have made every reasonable effort to find your spouse, and
• there is another reliable way to notify your spouse about the divorce (for example, by serving another person or by serving your spouse electronically).

Go to nsfamilylaw.ca for more information about service or applying for substituted service. You will also find information in Nova Scotia’s Civil Procedure Rules (court rules and processes made by judges).

You should speak with a lawyer to get legal advice about applying for an order for substituted service.

Yes. Divorce law encourages spouses to get back together (reconcile) if possible.

An application or petition for divorce expires 6 months after the day it is filed with the court unless the respondent is notified of the divorce petition or application within that time or the court extends the notification time.

You can get back together any number of times without affecting your date of separation, as long as the total number of days you live together as spouses is not more than 90. If you get back together for more than 90 days and then file for divorce again, your separation date changes to the date your last reconciliation ended. A change in your separation date may also affect your division of property.

If your divorce was finalized, you cannot cancel it, but you can re-marry each other.

In most cases, if the divorce is not final, the petitioner or applicant can stop the divorce by filing a notice of discontinuance with the court and delivering the notice to the respondent. If you discontinue the divorce and later decide to restart it, you must do a new petition or application for divorce and pay the court filing fee again.

Yes. If you want to change your name, your Petition for Divorce, the affidavit supporting a Joint Application for a divorce, or a Divorce by Agreement should say that you plan to change your name and say what new name you want to use. Your divorce order should contain a paragraph relating to the name change. See the Petition for Divorce, Joint Applications or Divorce by Agreement forms for more details.

You can go back to using your unmarried name or a previous married name at any time without waiting for a court order.

After you change your name, you must change your identification and inform all government offices, agencies and organizations you deal with. You should tell them in writing (some places have specific forms). If you changed your name in your divorce order, you can show a copy as proof. If you changed your name informally by just going back to using your unmarried name or a previous married name, you could use your birth certificate or previous marriage certificate as proof of your previous name.

For more information about name changes, go to nsfamilylaw.ca.

In an uncontested divorce, the court will only change your children’s names with both spouses' consent. You will need to get written consent from your spouse and file it with the court. You should also include a paragraph in your divorce documents saying what the children’s names are, what you want the names changed to, and confirming that both spouses consent to the name change.

In a contested divorce, a judge can order a name change, even if one of the parents disagrees. 

If the court orders that the children’s names be changed, you should tell the children’s schools, doctors and other organizations in writing.

Information about name changes is at nsfamilylaw.ca

Depending on your situation, here are some things you might consider:

• Review your separation agreement (confirmed in your corollary relief order). Ensure you have divided all of your property and done everything the agreement required.
• Update your marital status with the Canada Revenue Agency (CRA). Find out about the different tax deductions, exemptions, benefits and changes available after separation and divorce. You can also get help from an accountant.
• If you and your spouse agreed to divide an employment pension, contact the plan administrator for instructions and send them a copy of your agreement or court order.
• Contact the Canada Pension Plan (CPP) or call them at 1-800-277-9914 about pension credit splitting.
• Review your will and update it. In Nova Scotia, divorce removes (revokes) the parts of a will that give a gift to or provide a benefit to your former spouse. If you named your former spouse as your executor, it also removes them as executor of your will. There are exceptions: the will, a separation agreement, or marriage contract may say that these parts of your will are unaffected.
• Review your insurance policies, RRSP, TFSA and other savings where you named a beneficiary. Change the beneficiary and amounts as needed. Make sure you have insurance coverage as stated in your separation agreement or court order (corollary relief order).
• Check to see if you gave your former spouse power of attorney to deal with financial, property, personal care or consent to medical treatment decisions on your behalf. Decide if you want to cancel (revoke) this power and give it to someone else.

Please check out our page about going to court. That page includes information about finding a lawyer, getting legal advice, and finding information about family law. 

You can contact:

• the local Nova Scotia Legal Aid office at www.nslegalaid.ca/contact 
• law firms in your community that do family law
• your Employee Assistance Program or union, if you have one
• a women’s centre or other trusted help organization
• Lawyers and Legal Help for more ways to find a lawyer.

You can ask a friend, family member or trusted professional to recommend a lawyer.

You may qualify for Nova Scotia Legal Aid. Contact your local Nova Scotia Legal Aid office for information about:

• their services: nslegalaid.ca/legal-aid-offices
• how to apply for Nova Scotia Legal Aid: www.nslegalaid.ca/apply.php
• applying online: nslegalaid.ca/onlineapplication.php.

You can make an appointment with a Nova Scotia Legal Aid summary advice lawyer. You do not have to qualify for legal aid to use this service. Go to nsfamilylaw.ca/legal-advice-information (Question 21) for contact information.

The summary advice lawyer provides family law legal advice to people without a lawyer. They give you basic legal advice free of charge regardless of how much you make or where you work. You can get this service at Family Court locations throughout Nova Scotia.

The summary advice service gives you a better understanding of your legal rights and responsibilities. You can get information about:

• legal terms
• court processes
• legal documents
• how to start or respond to a court application.

They also give family law advice on:

• parenting arrangements
• child support and spousal support
• property division
• divorce.

Your case must be dealt with in a court located near the summary advice lawyer. If you are making a court application in Halifax, book an appointment with a Halifax-based summary advice lawyer. 

Summary advice lawyers do not go to court with you.

The summary advice lawyer does not advise parents involved in child protection or Mi’kmaw Family Services matters. They may advise if you are not directly involved with a child protection issue, for example, if you are applying for decision-making responsibility or contact with the child involved.

For more information about this service, visit here. You can contact your local summary advice lawyer to book an appointment by calling the office nearest you:

Annapolis	902-742-0500	Pictou	902-485-7350
Antigonish	902-863-7312	Port Hawkesbury	902-625-2665
Amherst	902-667-2256	Sydney	902-563-2085
Bridgewater	902-543-4679	Truro	902-893-5840
Halifax	902-424-5616	Windsor	902-679-6075
Kentville	902-679-6075	Yarmouth	902-742-0500

Some family lawyers accept special billing arrangements. They may help you with just part of your legal issue, such as preparing an affidavit or cross-examining a witness in court. This is sometimes called providing “unbundled legal services” or a “limited scope retainer.” Find out more about how lawyers charge for their work.

If you have limited funds but you and your spouse own property, such as a home, investments, or RRSPs, some lawyers may agree to be paid at the end of your case. You would pay when you receive your share of the family property.

Going to court on your own without a lawyer is called self-representation. Read the “Going to Court: Self-represented Parties in Family Law Matters” workbook for advice on preparing and presenting your case.

The Going to Court workbook has information on:

• getting legal advice (even if you are representing yourself it is a good idea)
• proving your case
• what the hearing process is like
• what happens at the end of the hearing.

It also has worksheets and checklists to help prepare your case for court.

If you decide to or must represent yourself, it can still be worthwhile to consult a family lawyer about your case. You should always get independent legal advice from your own lawyer before signing a written agreement or getting into a consent court order with someone else.

There is information about family law topics on our website. 

You can also check out nsfamilylaw.ca.

If you can’t find the information you’re looking for, you can contact the Legal Information Society of Nova Scotia by telephone, email or live chat to connect with a legal information counsellor and get free family law information.

• Nova Scotia Legal Aid offers family law information and family law live chat on its website on Tuesdays from 3 p.m. to 5 pm.
• Justice Canada Family Law Information
• The Court Services Division of Nova Scotia's Department of Justice has Family Law Information Centres at the Supreme Court (Family Division) in both Halifax and Sydney. Visit nsfamilylaw.ca or contact the court
• The CANLII website offers free access to Canadian laws and court decisions. Nova Scotia laws are at nslegislature.ca
• Supreme Court (Family Division) information, court forms, procedures, and contact details are on the Nova Scotia Courts website www.courts.ns.ca
• Francophone Nova Scotians can get help from l'Association des juristes d'expression française de la Nouvelle-Écosse or contact the Legal Information Society of Nova Scotia by email anytime, or by telephone on Monday mornings or Friday afternoons.

 

You can raise your grandchild without any formal agreement or court order. Although it’s not required, you can ask the parent to write a letter to you in which they make you the child’s guardian. This type of letter can be helpful.  

It is best to get consent from both parents, but you can go forward with the consent of only one parent. There are some situations where getting consent from both parents is impossible. For example, the other parent may be unreachable, or they may disagree with the plan for the child. 

If the other parent disagrees with the plan, either of you can apply to Family Court to get an order to resolve the dispute.  

You may also choose to apply to court if you want a formal agreement or court order to confirm your decision-making responsibility for your grandchild. If you apply to Family Court, you first need to ask for the court's permission to go ahead with your application. You must explain why it is in your grandchild's best interests to proceed.

You must notify the child’s other parent of your court application. They can respond to the application and ask for decision-making authority for your grandchild. They would be considered first in line to raise the child unless they are unsuitable as a parent.

Anyone, including a grandparent, with decision-making responsibility for a child can apply to court for child support.

If you care for your grandchild in your home, you may also qualify for government tax benefits like the Canada Child Benefit. Get information from the Canada Revenue Agency (CRA) or call 1-800-387-1193.

No. The person who gives birth is the child's parent, regardless of the birth parent's age. 

If your child is under the age of 19 and still lives at home, you have a legal duty to support your child. You do not automatically have a legal duty to support your grandchild. However, if your child and grandchild live with you and your child becomes unable to parent (for example, if they die or get seriously ill or go to jail), you would have a legal duty to support your grandchild at that time. 

If you cannot care for your grandchild, contact trustworthy family members to see if they can help. If no one can care for the child, contact Child Welfare Services in your area. 

The law does not say parents must allow their child to spend time with grandparents. Most of the time, grandparents have a good relationship with their family and can spend time with their grandchildren through one or both parents. If not, they can apply to Family Court to get a court order for contact time. 

Decision-making responsibility (used to be called “custody”) describes who makes important decisions for a child. This includes a child’s health, education, culture, language, religion, spirituality and activities outside of school. 

Custody
The courts now talk about “decision-making responsibility” and “parenting time” instead of custody.

Parenting time is time a child spends with a parent or guardian because of a court order or agreement. It used to be called “access.” 

Contact is a child's time with someone other than their parent or guardian because of a court order or agreement. This can be a grandparent or anyone close to the child. 

Interaction in family law is when a parent or guardian communicates with a child outside of parenting time or contact. Interaction includes:

• phone calls, emails or letters
• sending gifts or cards
• attending school or other activities
• receiving copies of report cards or school photos
• video chats.

An agreement or court order that uses the terms custody or access stays in effect until it is changed (“varied”) with a new agreement or court order. You do not need a new agreement or court order just because legal language has changed. 

You should avoid court if possible. Mediation, negotiation or family counselling might help you avoid going to court. If they don’t work, you can apply to court.

Negotiation is a less formal way of discussing issues that carers disagree with. It can help them to reach an agreement. You can try to negotiate with your grandchild’s parents on your own or with the help of someone else, like a lawyer.

Mediation is a way of settling disputes and reaching an agreement. A mediator is a neutral, independent, objective person trained to do this work. Mediation can help if you and your grandchild’s parents can’t agree on decision-making responsibility, contact or interactions.

A mediator will meet with the people involved, talk about the issues and help them come to an agreement. Mediation is voluntary, and everyone must feel comfortable with the process.

You can find private mediation services online or in the telephone book. You can also find a mediator through Family Mediation Canada. The court might also refer you to a mediator through the family court process.

Collaborative law involves specialist lawyers helping participants work together to reach an agreement. Everyone must agree at the beginning about not going to court. You can find a trained collaborative family lawyer and get more information online at collaborativefamilylawyers.ca.

Joint family counselling allows both sides to talk about their differences. It can help each other understand why a relationship between a grandparent and a grandchild is being blocked.

No matter what approach you take, it is important to get independent legal advice from your own lawyer before you sign the agreement.

If the person who cares for your grandchild prevents your court-ordered contact or interaction, you should first try to work out an arrangement with them. Avoid involving the police or the court if possible.

If this is not possible, you can try family counselling to find out why they are preventing contact.

You can ask a lawyer about section 41 of Nova Scotia’s Parenting and Support Act which may help with enforcement. You can also apply to court to take steps to enforce the order.

It is best to speak with a lawyer before deciding what to do.

If you wish to apply for decision-making responsibility (custody) for your grandchild, you must ask for the court’s permission under the Parenting and Support Act or the Divorce Act. You must also explain why you are asking and what role you play or have played in your grandchild’s life.

Grandparents applying for contact or interaction under the Parenting and Support Act do not need to ask the court for permission.

You can start an application for decision-making responsibility, contact or interaction with a lawyer’s help or on your own. Generally, you must apply to the family law court closest to where the child lives.

It is a good idea to talk to a lawyer if you are considering going to court.

Legal Aid: If you cannot afford a lawyer, apply to Nova Scotia Legal Aid (nslegalaid.ca) or contact your nearest Legal Aid office using the telephone book.

Family lawyer: You can hire a lawyer who does family law. 

Self-representing: If you do not have a lawyer, you can ask court staff for information about the documents you must file or go online to nsfamilylaw.ca to find out where to start. You can find an online guide to making a court application at nsfamilylaw.ca/court-forms/application-guides/guide-applying-order.

Summary advice lawyers: You can receive free, brief legal advice if you do not have a lawyer. There are no income criteria. Call the family court for contact information or go to nsfamilylaw.ca.

Intake session: This family law court service will give you information about starting a court application or settling a family law matter outside of court. Intake can happen at the court or online. You must do an intake session before court staff will review your application.

Once you give the court your application and have had an intake session, you may participate in conciliation. This is a form of dispute resolution. A court officer will help decide what issues you need to sort out. They will make sure everyone gives the court the needed documents, and they will try to negotiate a settlement. The conciliator may speak with both sides together or separately.

If you cannot settle your matter, you can ask the court for a formal hearing.

A judge will consider the following when deciding what is in the child’s best interests:

• the child’s needs
• the parents’ or guardians’ ability to provide care and the proposed plan for child care 
• whether the child’s parents or guardians are willing to support contact
• the child’s cultural, linguistic, religious and spiritual heritage
• what the child wants, if they’re mature enough
• the relationship between the child and their parents, guardian, grandparents
• how well the adults in the child’s life talk with each other
• if an order for contact is needed to allow the child to see their grandparents
• whether there is family violence and its effects on the child.

You can apply to the court for a change if there has been an important change in circumstances since the order was made.

This could include changes to:

• parenting arrangements
• where the child lives, which affects your ability to visit your grandchild
• your grandchild’s schedule, if it affects contact or interactions.

Contact the Nova Scotia Department of Opportunties and Social Development office nearest you, or use these toll-free numbers:

• Weekdays, 8:30 a.m.–4:30 p.m.: 1-877-424-1177
• Weekends or holidays: 1-866-922-2434

If a child is abused or neglected, the Department of Opportunties and Social Development will try to keep them in their home and offer services to the parents and child only if the child is safe. If a child is in serious risk of harm, the department may remove them from the home and take them into care (a foster family’s home or in another place). These arrangements are known as the plan of care.

If a child is taken into care, the department must take the matter to court for a judge to review. This must happen within five days, or the child will be returned to their home.

When the department decides that a child will be placed in care, the law about child protection (Children and Family Services Act) says they must be placed with a relative if possible. Grandparents are often asked to care for children while the parents work to solve issues. It could be for a short period or may become permanent.

If there are significant concerns, the child protection case may continue for between 18 months and 2 years to allow enough time for parents to solve the parenting problems. If the parents cannot solve the problems within this time, the court must place the child into permanent care unless there is another plan. Often that plan includes a grandparent permanently caring for a child.

A child who has been placed by court order in the permanent care of the Minister of Opportunties and Social Development may be adopted if the court agrees that it is in their best interest. Generally, the department would have to approve your proposal to adopt your grandchild.

Once a child is adopted, the department is no longer involved. The parents who adopt the child will make decisions about contact with the child’s birth family.

Family Law Nova Scotia: The website at nsfamilylaw.ca offers information for grandparents.

Legal Information Society of Nova Scotia (LISNS): Contact LISNS for free legal information.

Nova Scotia Legal Aid: Your local Legal Aid office is listed under Legal Aid in the telephone book, or you can find them online at nslegalaid.ca.

A lawyer in private practice who does family law. There is information about how to find a lawyer on our website here.

NS Child Welfare Services: novascotia.ca/coms/department/contact/ChildWelfareServices.html

Child Protection: You can also find information about grandparents’ advocacy and support groups online or by contacting NS 211.

You can name someone as guardian in your will or a separate guardianship document. A separate guardianship document can be more useful because it is focused. You sign it and have someone witness your signature just as you would in a will. The guardian can use it if you are alive but can’t communicate and cannot care for your child.

If you name someone as trustee, you should do that in the document that deals with the asset. For example, if you are leaving money to your minor children in your will, your will should say who you are naming as trustee to manage that money. 

Your first choice for guardian might die or might not be able or willing to take on the job. This is why it is important to always name at least one backup guardian too, if you can.  Your backup guardian is called an “alternate.”

Talk with the guardian or guardians you choose to make sure they are willing and able to take on the job. Do that before you name them in a child guardian appointment document.

You will need two people to watch you sign your guardianship document and to sign it themselves. Those people:

• must be adults (over 19 years old)
• must not be named as guardian or trustee in the document

Neither they nor their spouses can gain any money from the arrangement. For example, if you appoint the guardian in your will, the witnesses cannot be people who receive something from the will (these people are called “beneficiaries”).

See a lawyer to make your child guardianship document. Or, use the free, basic Child Guardian Appointment form on the Legal Information Society’s website to name a guardian for your minor child or children.

No. The guardian does not automatically have the status of trustee. If you are leaving money or property to your minor children in your will, you should name a trustee in your will.  

You can name a trustee to look after your child’s share of your estate by naming them in your will and saying that they will hold the child’s share of your estate in trust. The trustee will manage the funds or property in trust until your child is an adult (19 years old or older). 

A guardian must be 19 years old or older and be mentally competent. They must be able to make decisions and understand the consequences of their actions. Ensure your child’s guardian is willing and able to take responsibility for your child. 

If you are in a shared parenting arrangement, you must name the other parent as the guardian unless they consent in writing to you naming someone else. If the other parent won’t consent to your choice of guardian, consult with a lawyer. 

The trustee gives your child’s guardian money from your estate to help cover the costs of raising your child. You can write instructions for the trustee in your will or guardianship document.

You can name the same person as guardian and trustee. Talk with a lawyer if you are unsure whether the person you want can handle both tasks.

No. The trustee only manages the money and property you entrust to them. You cannot give the trustee general powers over all the money and property that the child might acquire. 

If someone gives your children money or property in a document that does not also name a trustee, the court will need to name a trustee for that money or property. 

For example, if a relative leaves money directly to your children without naming a trustee in their will or in a life insurance policy, someone will need to apply to court to be appointed as the trustee for that money. If no one applies to court, the Public Trustee acts as trustee for the money.  

No. If an adult is unable to make important health, personal care or financial decisions on their own, a family member or other caring person may need to apply to court to ask to become the adult’s representative to make some or all of those decisions for them.  

A representative may make only the decisions the adult is not able to make on their own. Go here for information about representative decision-making for an adult.

It is best to talk with an estate planning lawyer to plan for the future care and financial support of an adult child who needs decision-making support.

After you die, a person who disagrees with your choice of guardian or trustee can apply to Family Court to contest your decision. What happens next depends on:

• whether the person contesting your choice is the other parent (or someone who was in a parenting role)
• what arrangement a judge thinks would be in the best interests of the child. 

If the person contesting your choice is the child’s other parent, the court will assume that they should be the guardian. The person named in the guardianship document will be able to challenge this in court. The court may appoint your guardian over the other parent if a judge thinks that is in the best interests of the child. 

In all other cases, the court considers applicants equally and bases its decision on what is best for the child. The court will consider your wishes. However, they may overrule your choice if the person contesting presents a strong case.

The judge may consider:

• how well the child knows the person
• whether they have a family relationship, for example, are blood relatives
• how much the child’s life would be disrupted (having to move)
• if there are siblings and whether they can stay together.

The court can also consider the children’s wishes, especially the more mature ones.   

If you die or become unable to care for your children, the other parent usually takes care of the children if they are under 19 years old. 

Even so, parents should name each other as guardians in their wills, in a guardianship document, or separation agreement. This tells the court what you want in case someone else applies to be the guardian after your death.

The same is true if you are a single parent with primary decision-making responsibility. Usually, the child’s other parent will become the guardian if something happens to you. However, naming the other parent in writing makes it clearer for everyone.

If you share parenting responsibilities, you must name the other parent as the guardian unless they consent to someone else being named. They must consent in writing. 

If you name a different person as guardian without the consent of the other parent, the other parent can go to court. The court will name the other parent as guardian unless the judge decides they are unsuitable. With that in mind, if you are planning to name a different person as guardian (someone other than the parent), you should get a lawyer to help you write out your wishes, concerns and reasons for choosing another person. Your statement will be important if people disagree about guardianship after your death. 

Dying without naming a guardian will complicate things for your children and the other people who care for them. 

If the children end up living with another family member or friend, that person may have difficulty getting benefits or dealing with others like school administrators or health care professionals so they may have to seek a court order confirming them as the guardian. 

Concerned family members or friends may argue over who should be the child’s guardian. If that happens, the court will choose a guardian from among the people who ask for the role. The decision is based on the child’s best interests. 

If there is money in your estate for the children and you have not a named a trustee for that money, the Public Trustee becomes the automatic trustee of the children’s property. Anyone else will have to get a court order confirming them as the guardian of your child’s money and property. 

If there is no one to take on the role of guardian, the children will end up in the care of Child Protection Services.  

Children can receive a little bit of money or property through their guardian without a trustee involved. Specifically, children can receive a total of up to $10,000, but they can only receive a maximum of $2,000 in a single year. 

A responsible person will need to apply to the Supreme Court to be appointed as trustee for the child if the child receives a gift that:

• does not include a named trustee
• is greater than $10,000 in value or
• needs to be paid out in a lump sum that is greater than $2,000 in a single year 

If the court appoints the trustee, the trustee usually must be bonded. This means they must give a personal bond or arrange a surety bond through an insurance agent. The court can decide that it does not need a bond. Bonding can be a complicated process. The trustee has to pay a fee but can charge the fee to the estate.

Bonding the trustee protects the child in case the trustee acts in a way that is not in the child’s best financial interests.

The Public Trustee is automatically the trustee of a child’s property and finances. If no one applies to be named trustee of the child’s finances under the Guardianship Act, the Public Trustee of Nova Scotia will remain the guardian of the finances or estate. The Public Trustee can receive, manage and hold funds in trust until the child is 19 years old.

The guardian must provide financial support for your child. They may be able to get some government benefits to help:

• The guardian can apply for the Canada Child Benefit. 
• The Canada Pension Plan (CPP) provides monthly benefits to children when a parent dies, as long as the deceased parent paid into the CPP. These benefits go to the guardian until the child turns 18. They are then paid directly to the child if they enroll in an educational institution like a university or community college. The child can be paid until they reach 25 years of age. 

• Nova Scotia Family Law website (nsfamilylaw.ca): Frequently asked questions about guardianship
• The Public Trustee of Nova Scotia: novascotia.ca/just/pto/
• Canada Child Benefit, Government of Canada: www.cra-arc.gc.ca/benefits/
• Federal Government Family and Caregiving Benefits: https://www.canada.ca/en/services/benefits/family.html
• Supreme Court of Nova Scotia (Family Division) – courts.ns.ca

Anyone 19 or older may apply for a marriage licence in Nova Scotia. You need consent from your parents or guardians if you are between 16 and 19 years old. There are some exceptions.

You do not have to live in Nova Scotia to get married here.

You cannot get married in Nova Scotia if you are under 16.

You cannot get married if you and your partner are closely related by marriage, blood or adoption. For example:

• brother and sister
• half-brother and half-sister
• adopted as a brother and sister.

The law that says who may not get married is the Marriage (Prohibited Degrees) Act (laws-lois.justice.gc.ca).

Married people may not remarry before their first marriage has legally ended (divorce). It’s not enough to be separated.

If you want to marry and have been divorced, you must prove that you are divorced when you apply for a marriage licence. The proof would be a Certificate of Divorce or Decree Absolute. If the divorce happened in another country and the final divorce papers are in another language, you must provide a translated document.

If you were widowed, you must provide proof that your spouse died. The death certificate is proof of death.

 

You must have a marriage licence before you get married. The licence does not mean that you are married, but only that you can get married. The licence is valid for 3 months from the date on the licence.

You can get a licence by going in person to Access Nova Scotia or a Deputy Issuer of Marriage Licences in your community. You must provide identification with your full name, age, marital status, and address.

In Halifax Regional Municipality, you can buy a marriage licence by appointment with a deputy issuer or from a Halifax Regional Municipality Customer Service Centre during regular business hours. In all other areas of Nova Scotia, you can buy the licence by making an appointment with a deputy issuer or by going to a Service Nova Scotia Access Centre.

Visit novascotia.ca/sns/access/vitalstats/marriage.asp for a list of deputy issuers in each county and their contact information.

As of 2023, the fee for a marriage licence is $132.70.

You can choose to have either a religious or a civil ceremony.

The person you choose to perform a religious marriage ceremony must be registered with Nova Scotia Vital Statistics under the Solemnization of Marriage Act. Officiants from religious groups can refuse to perform marriages that do not meet their beliefs.

If you are having a religious ceremony, you and the person who performs the ceremony should agree on their fee before the ceremony.

A justice of the peace or a judge can perform a civil ceremony. The deputy issuer of marriage licences and the Nova Scotia Department of Justice website can provide a list of justices authorized to perform marriages in your area.

The government sets the fees for a marriage ceremony performed by a judge or justice.

Yes. All marriages must be registered with the Nova Scotia Vital Statistics Office. The marriage registration is your proof of marriage. The registration document is free. It is not the same as the marriage licence.

The person who performs your ceremony must:

• complete the marriage registration form which becomes the official record of the marriage
• send the completed registration form to the Deputy Issuer of Marriage Licenses within 48 hours of the marriage ceremony
• forward the registration form to Vital Statistics which registers the marriage and keeps the legal record.

To be lawfully married in Nova Scotia, you must:

• get a marriage licence from Nova Scotia Vital Statistics
• arrange for a religious representative, judge or justice of the peace, to perform the ceremony.
• Please see additional questions below for more information, or contact Nova Scotia Vital Statistics.

When you have the ceremony, your religious representative, justice of the peace or judge will provide you with a certificate of marriage. This certificate is a souvenir document and is not legal proof of marriage. 

After the person who performs your marriage registers your Marriage Registration Form with Vital Statistics, you may apply to Vital Statistics for an official marriage certificate.

To order an official marriage certificate, visit: novascotia.ca/apply-marriage-certificate

No. You may:

• keep using your current last name 
• use a combination of your name and your spouse’s name
• go back to using your given name (if you were previously using a former spouse’s last name)

As well, both spouses can use either or both names.

If you were married in another country, and you have a marriage certificate issued by another country's government, then the presumption in Canada is that the marriage is legitimate.

There is no requirement to register a foreign marriage in Canada. The marriage will be registered where it took place. The rules of the province, state or country where the marriage is performed apply. Also, for a foreign marriage to be legal in Canada, the ceremony must have followed some basic rules: 

• both parties must be over the age of 16; 
• both parties must be single at the time of marriage (you cannot be legally married to two people at the same time);   
• they must consent to the marriage, and they must be legally competent to be able to give consent; 
• both parties must be physically present at the marriage ceremony (some cultures allow for a proxy marriage, which is not recognized in Canada),
• they must both sign the marriage certificate
• their signatures must be witnessed by someone who can confirm that the person was physically present, voluntarily consented to the marriage, and had the legal capacity to consent.

As long as those basic rules were followed,the marriage will be legal in Canada. 

Canada issues Statements in lieu of Certificates of Non-Impediment to Marriage Abroad for people who want to get married outside Canada in a country where such a document is needed. 

For more information, visit travel.gc.ca/travelling/documents/marriage-overseas.

You can marry any time after your divorce is final and you have your Certificate of Divorce. This usually means 30 days after the judge grants the divorce and as long as your spouse does not appeal.

However, when planning a wedding date, remember that it takes 5 days to get the marriage licence. You won’t be able to apply for a licence until you have proof that the divorce is final. Do not schedule a wedding before your divorce is final.

 

When a marriage breaks down, partners must decide whether to separate or divorce and legally end the marriage.

If the separation seems permanent, contacting a lawyer to learn about your and your children’s rights is a good idea. Record any agreements in writing so everyone is clear about the parenting, support and financial arrangements until a final agreement is in place.

For either separation or divorce, you or your spouse may be entitled to apply for a parenting order, child support, spousal support and a division of matrimonial property.

Find more information on our family law pages or https://www.nsfamilylaw.ca/separation-divorce.

There are legal and religious annulments to end a marriage.

Legal: An annulment is a legal declaration way to say that a marriage between two people never happened. 

A marriage begins with a proper ceremony. But sometimes a person can argue that the ceremony was not correctly performed. They need to show that:

• an authorized person did not perform the marriage ceremony
• they didn’t have a marriage licence
• one or both people were minors and did not have parental consent.

A marriage may have never come into existence if one partner:

• was still married to someone else when the marriage took place
• was too closely related to the other partner, according to the Marriage (Prohibited Degrees) Act
• could not give consent at the time of the marriage, for example, because they were insane, ill, drunk or drugged
• was forced into the marriage 
• thought the other party was someone else.

Religious: A religious annulment is not the same as a legal annulment. If you have a religious annulment and you want to remarry, you still may have to get a divorce or a legal annulment as well.

When a marriage is annulled, the property goes back to its original owner as if the marriage did not take place. Children of the marriage are considered legitimate as long as one parent thought the marriage was valid. The children have the usual rights of care, financial support and inheritance from their parents.

 

If you are interested in a religious wedding, contact the relevant religious institution for information about their wedding process. 

For more information about civil weddings, you can check out:

• Government of Nova Scotia website
• Nova Scotia Family Law website
• Nova Scotia Court's website

 

Matrimonial property is any property or assets that either spouse owns or obtains before or during the marriage. It doesn’t matter whose name the property is in. The law presumes that all matrimonial property should be shared equally (50/50) between the spouses if they separate or divorce.

Matrimonial property includes items you and your spouse own like:

• your matrimonial (family) home 
• other property you use as a family, such as a cottage
• furniture
• cars or other vehicles
• pensions from current or past employment
• RRSPs (Registered Retirement Savings Plans), RRIFs (Registered Retirement Income Funds)
• Canada Pension Plan (CPP) credits
• cash and savings, including Tax Free Savings Accounts (TFSAs)
• income tax refunds
• stocks, bonds, Guaranteed Investment Certificates (GICs), mutual funds
• an employment severance package.

You should talk with a lawyer about how your property, whether owned individually or together, may be divided if you separate. Property is only divided once and the division is usually final. 

Yes. Employment pensions and Canada Pension Plan (CPP) contributions are matrimonial property and are divided after separation.

These are common types of pensions:

• a defined benefit pension: traditional government employee pension where the employee receives a definite amount set by the terms of the pension plan
• a defined contribution pension: where the employee and employer contribute a set amount to the pension, but the final pension payable is determined at retirement
• Locked In Retirement Accounts (LIRAs) and RRSPs: which are often used to invest pension funds earned during past employment.

The value of a pension may not be what is on a statement. For example, defined benefit pensions have a future value. You may need to hire an actuary to figure out the value for the period of your relationship.

The general rule is that only the portion of the pension earned while living together before and during the marriage is divided.

Other than the Matrimonial Property Act, pension laws also apply. In Nova Scotia and for most federally regulated employers 50% of the pension value is the maximum transferrable amount. The law that governs the pension also applies to dividing the pension. Some pension administrators have particular wording they need in an agreement or court order to divide the pension. It is important to speak directly with the pension administrator to make sure that the wording of your agreement or court order will be accepted.

You should not give up rights to a share in your spouse's pension without getting legal advice.

The Nova Scotia Family Law website has helpful information about pensions.

CPP law requires spouses to share the credits earned for the period of their relationship, including time lived together as a common law couple and while married.

You cannot agree in writing or in a court order to give up a division of CPP credits. The right to a division of CPP credits is also confirmed in every divorce order that is issued in Nova Scotia.

You or your spouse must apply to CPP for a credit split. If you are entitled but do not want to get a share of your spouse’s CPP credits, then you do not need to apply for them.

Contact Canada Pension (Service Canada) at 1 800 277 9914 (TTY: 1-800-255-4786) or go to the Canada Pension Plan's credit splitting web page.

These are not usually considered matrimonial property:

• property you agreed to exclude in a pre-nuptial agreement, marriage contract or separation agreement
• a gift or inheritance you or your spouse received from another person. It may be matrimonial property if used for the benefit of the family, such as an inherited cottage used for family vacations.
• an insurance payout or court-awarded damages, such as payment for injuries from an accident
• personal possessions such as clothes
• property that you or your spouse acquired after you separated
• business assets (operated for making a profit). They may include the value of a company and assets such as tools or buildings used for commercial purposes. The business does not have to be incorporated.

The law about dividing business assets is complicated. It can be hard to determine if the business assets may be divided between spouses and how. You should get legal advice.

Matrimonial or family debt is acquired during the marriage for family purposes. The funds would be used for ordinary family items such as household expenses, the family home’s mortgage or debt from financing a family car. If some debts were acquired after you separated, they may still be considered matrimonial debts if used for necessary living expenses or to maintain the house, car or other assets.

The general rule is that matrimonial property is divided equally (50/50) between the spouses.

The spouses must usually have their jointly owned assets and property valued or appraised. The value is usually calculated at the date of separation. However, for some assets the date may be when either spouse applied to the court for property division.

Once you know the value of your matrimonial property, each spouse should value their matrimonial debts and deduct them to get the total (net) property value amount.

The spouse with the higher net amount then makes an equalization payment to the other spouse. They usually do that either with a transfer of money or property. This ensures that both spouses end up with the same net amount of money or property.

There is often more than one way the assets and debts could be divided to achieve an equal split. 

Spouses can come to an agreement on how to divide their property. You can make this agreement before you enter into the marriage (pre-nuptial agreement), during the marriage (marriage contract) or after you separate (separation agreement). Before you sign any agreement, you should get advice from a lawyer. 

Each of your lawyers can help work out an acceptable agreement. Coming to a fair agreement with your spouse may be a lot less expensive than going to court to divide your property. 

Apply to court for a division of property under the Matrimonial Property Act. A judge will make an order stating how you are to divide your property. In most cases, the judge will order you and your spouse to share your matrimonial assets and debts 50/50. If you cannot reach an agreement, either of you can apply to court any time after you separate or as part of your divorce.

Courts are reluctant to make property changes to a pre-nuptial, marriage contract or separation agreement. The exceptions are:

• unless either spouse did not have advice from a lawyer before signing the agreement
• one spouse hid property and assets at the time of signing
• if one spouse was pressured into signing the agreement.

Courts may also change an agreement if it ends up being severely unfair to one spouse. If you want to try to change an agreement you should get advice from a lawyer.

The judge will only divide property unequally in limited situations including if one spouse:

• brought most of the property to the relationship and the marriage or Registered Domestic Partnership was short 
• wasted the matrimonial property, for example by gambling away the couple's savings
• gave up a career to look after the children so that the other spouse could build his or her business or career
• contributed to the education or professional career of the other spouse.

If you feel an equal division of matrimonial property would not be fair, you should talk to a lawyer.

Both spouses have equal rights to live in the family (matrimonial) home even if only one spouse is on the deed. One spouse is not allowed to sell or mortgage the home without the other spouse's consent. 

When couples separate or divorce usually one leaves the home. If they cannot agree on who will leave, either may apply to the court for an exclusive possession order where a judge decides who will leave the home. 

If there are children, the judge will consider which spouse is the primary caregiver for the children and whether it is in the children’s best interests to stay in the home with that person.

You do not give up rights to share in the matrimonial property by leaving the matrimonial home. A spouse who is ordered to leave by the court does not lose their ownership interest in the home, just the right to live in the home. 

Usually, business assets (things like tools or buildings used for a commercial business) are not considered matrimonial assets. This means that unless they are in the name of both spouses, they are not assumed to be shared 50/50.

However, you may be entitled to a share of the business assets that are in your spouse’s name if you worked for, helped build or maintain the business. This is considered if you were not paid or only paid a small amount for the work you did.

You could be entitled to share in some of the business assets if a 50/50 division of the matrimonial assets and debts does not give you a fair share of what you and your spouse own at the time of separation. If you think you have a claim against your spouse's business, you should talk with a lawyer

Usually, you are not responsible for your spouse's non-matrimonial debts unless you co-signed or guaranteed them. For example, you would not usually be responsible for debts your spouse acquired before the marriage or to run their business.

Both spouses are equally responsible for a debt that is in both names. You may also share responsibility for debts in your spouse’s name only if the money was used to buy something that benefited you and your family, such as vacations and home heating fuel.

Debt division can be very complicated, so it is best to talk to a lawyer about your options.

You should notify the bank in writing that you and your spouse are separated, and you do not consent to be responsible for any further money your spouse borrows.

If your spouse is authorized as a secondary card holder on any of your credit cards and you are concerned they will abuse it, you should cancel the secondary credit card.

Also, consider talking to your bank about joint accounts. You may consider reducing any overdraft that your spouse has access to and requesting that a joint account be changed to require two signatures to access funds.

You should consider removing your spouse as your beneficiary on any assets where they are named, such as  RRSPs, RRIFs, pension death benefits and insurance policies. Also consider seeing a lawyer to make a new will, enduring power of attorney and personal directive.

• nsfamilylaw.ca
• Legal Information Society of Nova Scotia
• Nova Scotia Legal Aid to see if you qualify for their help. Listed in the telephone book under ‘Legal Aid’ or online at nslegalaid.ca 
• ways to find a lawyer in private practice (lawyer you would pay)
• make an appointment with the Summary (brief) Advice Lawyer (under "What is the Summary Advice Counsel service?") for those who do not have a lawyer and are dealing with a family law issue.

Reaching an agreement out of court is often less financially and emotionally expensive. 

Courts are adversarial. If you go to court, you (or your lawyer) will argue for your interests, and the other party (or their lawyer) will argue for theirs. Unfortunately, this system doesn’t encourage compromise, and your direct input is limited if lawyers are involved. Collaborative family law or mediation are good alternatives if you wish to develop your own agreement and avoid the courts. 

However, family dispute resolution might not be right for you if there is:

• a high level of conflict
• a power imbalance
• family violence.

Mediation is a private process to help you resolve differences. It helps you work out legal disputes without going to court. You both will have an opportunity to meet together or separately with a mediator. Mediators encourage respectful communication. 

Accredited mediators screen cases to decide if a dispute resolution approach is suitable. 

Mediation is always voluntary. This means nobody can be required to participate if they don’t want to. Both parties must be willing to participate and be comfortable when participating. It may work if there are no concerns about family violence or power imbalances. 

Remember to meet with a lawyer to get legal advice. Learn how the law applies to you before starting any family dispute resolution process and making a final decision or agreement.

Mediators are trained to help resolve people’s differences. Mediators are neutral and unbiased—they don’t favour one participant over the other. Some mediators are lawyers who do not give legal advice or make decisions for you. 

Mediators are not regulated in Nova Scotia. There are no standards. There is no governing body to contact about practices and process concerns. 

When choosing a mediator, you may want to ask about their training and request referrals from other clients. Many mediators are members of professional associations that have standards of practice and training. Because mediation may happen virtually, you are not limited to mediators who work in Nova Scotia.

Mediators are not counsellors. Their role is to stay neutral while facilitating a discussion between the participants with an issue to resolve. They will not decide who is to blame or force an agreement. The mediator helps you plan for your future.

First, those involved must agree on mediation to resolve their problems. Mediation is a service that you must pay for. So, the people involved must also agree about the cost of mediation and how they will pay for it. 

If the parties agree to use mediation, the next step is to find a mediator to work with. We have some information about finding a mediator below.

The mediator will generally meet with each participant to:

• gather information
• screen for family violence and power imbalances 
• explain to the participants what to expect.  

If the mediator decides mediation is right for you, you agree on a start date. 

A family law mediator may help participants reach an agreement on:

• parenting 
• child support
• spousal support 
• a division of family property and debts. 

Agreements are put in writing and become legal (binding) if signed by everyone involved. This means the agreement can only be changed in certain situations. Do not sign an agreement without getting legal advice first.

Mediators often need several sessions to share information, discuss the options and reach an agreement. The mediator will help you identify the issues you want to discuss and solve. They listen to what is important to each participant and help them make their own decisions about the future. 

Mediation is a process of compromise and give and take. Neither participant will be a winner or a loser. Remember, the mediator does not represent either of you and is not a decision-maker. 

Mediation should end if an agreement can't be reached on one or all of the issues or the process is not a good fit. 

You may wish to try other non-court options with an advocate present, such as a lawyer-led or collaborative family law negotiation.

Mediation depends on cooperation and goodwill. It may not work out if one of you is unwilling to cooperate, compromise or share important information needed to reach an agreement.  It is usually not effective if one of the participants has a significant power advantage. 

Mediation is generally not appropriate when there has been family violence, including against a child, such as:

• physical, sexual, psychological or financial abuse
• harassment
• stalking
• threats of harm to people, pets or property 
• actually causing that harm
• coercive and controlling behaviour. 

Mediation is voluntary, and you should feel safe and comfortable throughout the process.  Consider mediation only if you are confident expressing your views. You should feel that the other participant will cooperate and that an agreement is likely. 

If you are uncomfortable during the mediation process, speak up with the other participant present or ask for a minute alone with the mediator to explain. This is a voluntary process; you do not have to continue if you are uncomfortable.

Pre-mediation: The mediator prepares for your sessions. The time is used to:

• assess the dispute
• find out your willingness to negotiate 
• arrange the meetings. 

You will get information about the process and how to prepare for the first meeting. The mediator meets with each participant privately to screen for family violence and power imbalances.

You can expect your mediator to discuss things like:

• Voluntary participation: You enter mediation freely. You are not forced to negotiate or settle.
• Timelines: You set the process timelines. It is not controlled by court dates or waiting periods. Normally, it is arranged between you and a mediator.
• Confidentiality: Mediation sessions are private, and all proceedings are confidential to the mediator and you. Mediators usually cannot be asked to give legal or court evidence based on any matters you discuss.
• Decision-making control: The mediator has no decision-making authority and is there to help the participants work together. When you reach agreements through mediation, you keep the decision-making control. This differs from arbitration or going to court, where the decision-making authority is with the arbitrator or judge. 
• Maintaining positive relationships: Because mediation addresses your interests and seeks an agreed solution, the process differs from going to court. You have a greater chance of maintaining relationships.
• Stopping the process: You can stop mediation at any time. This will not affect pursuing other options to find a solution.
• Independent Legal Advice: You should get independent legal advice before mediation and before finalizing an agreement. You need to be informed about and understand your legal rights and responsibilities.

Committing to the mediation process: This is where the mediator explains the processes and procedures. You each explain your issues and priorities. This is the first opportunity for everyone to learn if there is a willingness to reach an agreement. You can develop a cooperative relationship and confidence in the process and the mediator.

Negotiation: You begin to generate options for agreement. Where there is disagreement, the mediator uses facts to build consensus. The mediator may meet separately with you or have joint sessions. 

Settlement: Solutions are evaluated based on general principles and standards, sometimes with outside advice. Your mediator will explain how to reach and document an agreement. When you are all satisfied, an agreement is drafted in clear, specific language. 

Independent Legal Advice: Before signing the agreement, both parties should consult with their own lawyer. 

Yes. Mediators do not give legal advice. Even if your mediator is also a lawyer, each of you should have your own lawyer. The mediator will work to find agreement on issues, but you need your own lawyer to make sure that:

• you know what your rights are
• your rights are protected
• the law has been followed. 

If the mediation is successful, either the mediator or your lawyer will write a draft agreement. If the mediator writes the draft, be sure to have your own lawyer review it before you sign. Once signed, it is a binding contract. This means the agreement can't be changed except under certain circumstances.

No. A lawyer who represents you cannot also be your mediator. This is a conflict of interest. The lawyer cannot be both neutral and your advocate in a mediation.

You can find a trained mediator through:

• Family Mediation Canada at www.fmc.ca or 1-877-269-2970
• ADR (Alternative Dispute Resolution) Atlantic
• your lawyer 
• The Family Court or Supreme Court (Family Division) in your area may also be able to refer you to a mediator. Go to nsfamilylaw.ca or contact your local court (courts.ns.ca) for more information.
• online at nsfamilylaw.ca/services/ways-resolve-problem-without-going-court
• contact us to request a mediator referral, and we will try to help. 

Before you hire a particular mediator, find out their qualifications, training, experience and fees. Discuss their mediating style to see if it meets your needs. Remember to check if your medical plan covers mediation costs.

Collaborative family law uses a teamwork approach to resolve disputes. The aim is to avoid court and work out an agreement. The goal is to reach an agreement or a consent court order. Everyone has their own lawyer, but everyone signs an agreement at the beginning to show commitment to the process and the goal.

You agree that while collaborating, you will not go to court. The private and confidential process requires open communication and cooperation.  

The negotiation process involves four-way meetings that both participants and their lawyers attend. The meetings should be respectful, balanced and fair. Relevant financial and other information is shared, as well as the costs of any hired experts. 

If you decide to go to court, that ends the collaborative process. You may have to hire a new lawyer or represent yourself during the next court process.

Lawyers who do collaborative law have special training. Contact Collaborative Family Law Nova Scotia at www.collaborativefamilylawyers.ca.

• www.nsfamilylaw.ca for family law information on many topics, including divorce, separation, parenting arrangements, spousal support and child support
• Legal Information Society of Nova Scotia to connect with a legal information counsellor and get free legal information
• Nova Scotia Legal Aid for family law legal information and advice
• A lawyer in private practice (lawyer you would pay) who does family law
• Free and low-cost legal help in Nova Scotia.
• The Department of Justice Canada has more information about family law, including fact sheets on: 
  • Parenting Arrangements
  • Divorce and Family Violence
  • Child's Views and Preferences
  • Moving after separation or divorce
  • Duties for parents and others
  • Family Dispute Resolution

Children: The law expects parents to think first about their child—focusing on their best interests. You must meet their basic needs for shelter, food and schooling. Your child must have a safe and healthy relationship with the other parent, siblings and other important people in their lives.

If you separate, it is important to let your child know this in a healthy way. How you present this information and how you speak about the other parent, or important people, can help the transition go better. 

Plans: Remember that the circumstances of the parents and their children change. Sometimes needs change quickly after a separation. Sometimes plans stay the same for a long time. So it is important to think in stages (for example, what will happen when we separate and what may change after a few months?). You may need to change arrangements as time passes.

If possible, have a temporary plan worked out with the other parent before you speak with your child about the separation. Your child will probably wonder about basics such as:

• where they will live
• if they will continue at the same school 
• when they will see important people in their life
• if they can continue with extracurricular activities. 

These are important to a child’s sense of stability and security. 

You can help with the transition by sharing this kind of information in an age-appropriate way. If you don’t know the answer to a question, be honest and tell the child when you might have more information to share. Remember, this is a time of transition, so you will not know all the details. Every family works through this process differently.

First, plan for the most important day-to-day issues and then move to longer-term arrangements or events later. It generally takes a couple of years or longer to complete the separation process, so do not pressure yourself to have all of the details worked out right away.

Children have better outcomes when their parents and important people in their lives can work together to make sure their basic needs are met. This includes supporting the other parent and important people in their life. 

Supporting your child’s activities: You should support your child’s extracurricular and other important events. These may occur during your parenting time, which may be frustrating. Before you react to your child’s activity time, think about how participating in activities, parties, or other events will make your child feel and how it impacts their development. 

Being positive: It is important not to say negative things about the other parent or important people in the child’s life. Your child’s day often includes spending time with their parents and other important people, teachers, daycare providers, coaches and friends. They will have good and bad days in their relationships and want you to support them. 

Emotional support: Children may ask for your help on responding to situations, and you need appropriate answers. It is tough being a child. It becomes tougher when they have to hide their feelings or experiences with the other parent from you because you are negative. When you make hurtful comments about the other parent, you also make hurtful comments about your child. They are a part of both of their parents and other important caregivers in their lives. Supporting the child’s relationship with the other parent will reduce the anxiety your child may be feeling. It will also reinforce that you can share and support your child’s experiences, relationships and happiness.  

Don’t put your child in the middle: It is not healthy to pass blame on to anyone. The old saying “if you can’t say anything nice, don’t say anything at all” is good advice when discussing the other spouse or extended family with your children. Try not to place your child in the middle. Don’t ask your child to be a messenger between you and the other spouse. Do not discuss information about your financial circumstances and concerns with your child. If you and the other parent are not getting along or it is unsafe for you to have contact, ask a neutral person (such as a family member) to help with transitions and communication.

Protecting children from violence: Children do poorly when they are exposed to violence. This includes verbal abuse and other behaviours. It is important to understand the types of violence people experience, especially when the relationship breaks down.

The law recognizes that family violence is harmful. Parents, legal advisers and judges are required to ask about and consider the impact of family violence. They must find out what children may be exposed to or are experiencing when giving advice or deciding for a child. Reducing family violence will be included in the parenting arrangements.

Setting boundaries: Establishing clear expectations and boundaries around parenting, entering the family home, and using family money is important.

Find a way to communicate with each other that is not intrusive or too frequent. 

Be cautious about texting. Text messaging creates an immediate interruption and an expectation of an immediate response. Parents who receive text messages often feel the other parent is intruding on time with their child or personal time. 

Many separating couples use emails to communicate instead of text messaging, as this helps to maintain a healthy boundary between them. This gives everyone some time to think before responding.

Some children are immediately comfortable with the transition from one to two homes. Other children need time to adjust. A counsellor may help the child talk about their feelings. This can help each parent be supportive when they talk with their child and each other.

Some children have a hard time transitioning. Parents may assume this is because the child doesn’t want to see or spend time with the other parent. But there may be other reasons why the child is struggling. Maybe they have difficulty transitioning between homes, childcare or school. 

Sharing toys and clothing between the two homes is important. Children need to have their belongings with them when they travel, especially a favourite toy or blanket that provides comfort. Don’t try to control your child’s belongings. Listen to what your child’s needs are at this time and do your best to support the simple ones.

Talk to the child’s care providers to see if there are things you can do to make the transitions easier. Talk to a counsellor to help you and your child if things do not improve.

The Parenting and Support Act (provincial law) applies to couples who have never married, have never lived together, or are married but are separated and not seeking a divorce. It also applies to grandparents and other people in the child’s life.

The Divorce Act (federal law) applies if you are divorcing or divorced.

The words describing parenting arrangements in the Divorce Act changed on March 1, 2021. The new words and their definitions are in the next section.

The words for describing parenting arrangements have changed. The new words focus on relationships with children. The main ones are:

• decision-making responsibility - previously called custody
• parenting time - previously called access

Decision-making responsibility deals with who will make the important decisions about the child’s well-being based on the child’s best interests. These decisions include:

• medical and dental care
• education
• culture, language, religion and spirituality
• extra-curricular activities
• other important decisions.

More than one person may have decision-making responsibility.

Parenting time is when a child is with a parent or person who has a parenting role under an agreement or a court order. It also includes time when the child is not with the parent, like at school or daycare.

Contact covers time the child spends with people who are important to them, but who are not their parents or in a parenting role.

Interaction is direct or indirect connections with a child. Interactions cover things outside of parenting or contact time, like:

• keeping in touch with a child by email, text, phone, letter, or online
• going to a child's school events or outside school activities
• giving or getting gifts from the child
• getting information about a child's health, school and overall well-being, including photos.

You can make parenting arrangements by agreement with the other parent. If you cannot reach an agreement, you can apply to family court. 

Parenting arrangements do not have to be written down. However, some prefer to write a parenting plan covering decision-making responsibility and parenting time.

Other parents who can’t work together (for reasons such as family violence) or who can’t agree on arrangements use the court process to get a parenting order.

A parenting plan describes how parents who are not together will care for and make important decisions about their child. It is a plan for what the parenting arrangements will be.

Parenting arrangements include decision-making responsibility, parenting time, contact or a combination of these.

A parenting plan or parenting order may cover:

• where the child will live
• the time the child will spend with each parent and other important people in their life
• how the child will communicate with one parent when spending time with the other parent
• how the parents will communicate with each other about the child
• each parent’s decision-making responsibilities
• who has the right to ask for and get information about the child’s health education and well-being
• how disputes will be resolved
• rules about relocating with a child

Canada’s Department of Justice has two publications to help parents dealing with a separation or divorce make parenting plans. 

Making Plans: A guide to parenting arrangements after separation or divorce, covers a range of topics: 

• parents’ emotions in dealing with separation 
• what the kids may be experiencing when their parents split
• protecting the kids from conflict
• options for putting together the type of parenting plan that may be best in your situation.

The second publication is a Parenting Plan Tool that, together with Making Plans, gives practical guidance, including sample clauses and wording, on issues such as how and who makes decisions about the kids, scheduling parenting time, vacations, childcare and relocations.

Both publications are available in English and French online at:

• Making Plans: canada.justice.gc.ca
• Faire des plans - canada.justice.gc.ca
• parenting plan Tool: canada.justice.gc.ca
• Échantillon de clauses pour un plan parental - canada.justice.gc.ca

You will find a list of other parenting resources under "Ways to Help My Kids" at www.nsfamilylaw.ca.

Also check out Families Change, a great web resource for kids, teens and parents dealing with a family breakup.

Flexible time: There is no set schedule. Parents must agree on the time each one will spend with the child. This allows the parents to make their own flexible arrangements. It works best when the parents get along and have a positive relationship. They work out parenting arrangements around their changing schedules.

Specified time: Parenting times with the child are scheduled in a court order, separation or other written agreement. For example, it may include specific times for picking up and dropping off a child.

A shared parenting arrangement: when the child’s time is shared equally between the parents

Supervised time: Another adult is present during visits for the child’s safety. This arrangement is made if the parents agree or the court believes it is necessary for the child’s safety. The schedule may be set out in a court order, separation or other written agreement.

Supervised time can be set up when a parent has:

• been away for a long time
• anger management problems
• serious mental health or addiction concerns.

Some areas of the province have supervision services, which can be used to supervise parenting time or exchanges (pick-ups and drop-offs). Contact the court office in your area, veithhouse.ns.ca or visit nsfamilylaw.ca for more information.

If the parents cannot agree, either can apply to Family Court to ask a judge to decide. 

The judge may order a Decision-making Responsibility or Parenting Time Assessment, or a Voice of the Child Report for older children. A trained professional prepares the assessment and makes a recommendation to the court. Parents are usually expected to contribute to the cost of the assessment based on their income and number of dependents. Information about assessments is online at nsfamilylaw.ca

In family law, there is no specific age when a child may choose where they will live or when they will spend time with the other parent.  

Each parent has a duty to make sure the child has a relationship with both parents as long as it is safe and in their best interests. Communicating openly with your child about their feelings, including the parenting arrangements, is important. Remember, a child should never be told to choose between their parents or important caregivers.

Judges will listen to what a child has to say about their parenting arrangements when it is appropriate. Older children should have more input than younger children. In court, a child’s views about their parenting arrangements or what is important to them may be shared through a “voice of the child” report. A child’s voice is sometimes shared outside of court during joint counselling sessions. In child protection cases, a child’s voice is often communicated through a litigation guardian (guardian ad litem) who is appointed by the court.

Learn more about a child's voice here and at nsfamilylaw.ca.

When an older child refuses to see the other parent, counselling is the best option for everyone. A counsellor can help the child identify their feelings and help the parents understand why contact is being refused. A counsellor may suggest strategies to help reconnect a parent and child. Parental alienation is very complex. The reasons a child may refuse to see another parent are not always clear, and there are no easy solutions. Experts in this field strongly recommend counselling.

Court orders: Parents have a legal obligation to follow court orders. As a parent, refusing to follow a court order or an agreement could result in a fine or even a change to the parenting arrangement. If a parent refuses to permit court-ordered parenting time, the court may place their children with the other parent.

Talk to a lawyer if your child is refusing parenting time or if you have concerns about the child’s safety with the other parent. You may need to ask the parent to take a break from their scheduled parenting time until the reasons for this are sorted. Or, you may need to make an emergency application to the court to ask a judge to make a new order that will keep your child safe.  Go to nsfamilylaw.ca for information about changing a court order (variation application) and emergency applications to the court.

Judges make decisions about parenting time based on what they think is the best interests of the child

Parenting time is when a child is with a parent or a guardian who has an agreement or a court order. It covers a child's right to visit and have contact with their parents who do not live together. Parents can make their own agreement, or a judge can make an order outlining when parenting time will happen.

Generally, children benefit from a relationship with both parents. Children have a right to spend time with each parent if the contact is safe and reasonable. The law does not say that a child’s time should be shared between the parents. 

Parenting time will only be denied if a judge thinks it will lead to harm. This is rare. Even in very serious cases, judges are more likely to limit parenting time than deny it altogether.  

Family laws in Canada (Divorce Act) and Nova Scotia (Parenting and Support Act) expect parents to make decisions that are in the best interests of the child. Each law lists factors to consider. This is called the “best interests” test. Factors can differ depending on the law that applies to your family’s situation.

When a judge makes a decision about a child, they must always be guided by what is in the child's best interests. Parents or those in a parenting role should use the child's best interests’ criteria when working out arrangements.

Judges must only consider the best interests of the child when they make decisions about the parenting arrangement. Here are some of the factors a judge must look at:

• needs based on the child’s age and developmental stage 
• relationship with each parent
• relationships with siblings, grandparents and other important people in their lives
• care arrangements before the separation
• future care plans
• the child’s views and preferences, if the child is mature enough and if it is appropriate
• cultural, linguistic, religious and spiritual upbringing and heritage
• impact of any family violence.

The judge must also consider each parent’s ability and willingness to:

• care for the child
• support the child’s relationship with the other parent
• co-operate and communicate about parenting issues.

In every case, the court must prioritize the child’s safety, security and well-being. Judges will include all relevant circumstances. They are not limited to only the factors listed. Decisions must be made based on each child’s needs.

Both Acts recognize the importance of hearing from children, if it is appropriate.

If there has been family violence, the judge must look at:

• the nature and frequency of the family violence
• how recently it happened
• how it has harmed the child
• any steps the person causing the violence has taken to stop it from happening again
• whether the violence has affected the ability of the person who caused it to care for and meet the child’s needs
• whether there is a pattern of coercive and controlling behaviour
• whether it is appropriate to require co-operation between parents on parenting issues 
• anything else the judge sees as relevant to deciding on the impact of any family violence.

You can learn more about family violence help on Family Violence.

More information about the best interests of the child is on nsfamilylaw.ca.

Both Nova Scotia's Parenting and Support Act and the federal Divorce Act say that a judge must look at the impact of family violence, abuse or intimidation in deciding on a child's best interests.

Family violence includes:

• physical abuse
• sexual abuse
• harassment, stalking
• threats of or causing harm to people, pets and property
• coercive and controlling behaviour
• psychological abuse
• financial abuse.

The behaviour does not have to be a crime to be considered violence under family laws. The judge must look at:

• the type and seriousness of the family violence
• how recently it happened
• how often it happened
• how it has harmed the child
• any steps the person causing the violence has taken to stop it from happening again
• if the family violence affected the ability of the person who caused it to care for and meet the needs of the child
• whether requiring cooperation between parents is appropriate where there has been family violence
• any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child
• other important criteria.

In every case, the court must prioritize the child’s safety, security and well-being. Judges will consider all relevant circumstances. They are not limited to these factors because decisions must be based on each child’s needs.

If the other parent abused the child, a judge may deny them time with the child or order supervised parenting based on circumstances and the risk of further abuse.

If the other parent abused you but not the child, the judge will try to make an order that is safe for you. For example, they might order that:

• the other parent has no contact with you
• another person, such as a relative or neighbour, supervises while your child goes with the other parent
• the other parent remains in the vehicle at the curb while you send the child out.

Sometimes this ends the abuse. If the abuse continues, you can ask the court to make an order that the other parent have no time with the child. It is harmful when a child sees a parent abused, even if the child is not abused.

Find out more at www.nsfamilylaw.ca

 

Court applications for parenting arrangements, like decision-making and parenting time, are usually made in the court nearest to where the child lives. The Nova Scotia Supreme Court (Family Division) deals with all family law matters. This includes child protection, parenting (decision-making responsibility, parenting time), child support, spousal support and property division.

All Nova Scotia courts have staff to help you identify what options, programs, and services are available for parents.

Find more information about which court to go to and how to apply to court online at nsfamilylaw.ca

 

Yes. Either parent can apply to have a written agreement or court order changed.

If the parents don't agree on the change, the parent applying to the court must show that change for the child or one of the parents has happened. It must be significant enough to justify a change in the order or agreement. The parent must also show that the proposed change(s) is in the best interests of the child.

Parents may need to review parenting time arrangements as the child grows older. Children outgrow arrangements. What works for a toddler may not work when the child is in elementary school. The arrangement should be reviewed as the child grows.

Teenagers may prefer more flexibility to decide how often they see each parent. There is no specific age when a child can choose which parent they will live with or spend time with. Older children and teens may prefer longer periods with each parent.

Generally speaking, younger children need shorter, more frequent parenting times. They tend to need more routine: for example, to know they spend Wednesdays and every other weekend with the other parent.

More information about changing a parenting arrangement court order is online at nsfamilylaw.ca

You can apply to court to change (vary) your order if circumstances change significantly. Your first step should be approaching your former spouse and trying to reach an agreement.

Agreement on change: If you can agree on a change, you should put it in writing. Review your separation agreement for a section dealing with how to make changes. If there is nothing like that, you must put what you have agreed to in writing. The people who agree to the new terms should then sign it, date it, and have an adult witness each person’s signature and sign it.

You should both get your own legal advice before signing anything.

Disagreement on change: If you are having trouble reaching an agreement, a family mediator may be able to help.

You can apply to the court to vary parenting, child or spousal support arrangements. A court officer may refer your case to a conciliator who works at the courthouse. 

If conciliation is unsuccessful or a conciliator does not cover your issue, the court will refer your case to a judge. They will likely offer you a judge-led settlement conference. This is an opportunity for a judge to assist you in coming to an agreement. If the parties cannot agree, then a trial will be scheduled.

For information about applying to court to vary a court order, go to nsfamilylaw.ca.

It depends on how complicated your application is. If it is a request to increase or reduce child support or to decide on parenting time over summer holidays, it may only take a few months from start to finish. An application to change decision-making responsibility and parenting time from one parent to the other may take a year or longer.

Explain this to a court officer if your situation is an emergency. The court has special procedures for emergencies.

 

• Tips for parenting after separation
• Resolving family law problems without court
• Families Change: a website to help kids, teens and parents deal with a family break-up
• www.nsfamilylaw.ca- general family law information on many topics, including divorce, separation, parenting arrangements, spousal support and child support
• The Department of Justice Canada has more information about family law and the Divorce Act, including fact sheets on: 
  • Parenting Arrangements
  • Divorce and Family Violence
  • Child's Views and Preferences
  • Moving after separation or divorce
  • Duties for parents and others
  • Family Dispute Resolution

  

• Employee assistance programs (EAPs) can offer private personal or couples’ counselling to help you work through difficult times, including working on your relationship. If you have one, contact your EAP to see what is available. You may also have access to your spouse’s EAP. If you do not have an EAP, speak with your healthcare provider or contact 211, 811, or Nova Scotia Mental Health services.
• You can make an appointment to meet with a Nova Scotia Legal Aid Summary Advice Lawyer at the court. You do not have to qualify for Nova Scotia Legal Aid to use this service. The Summary Advice Lawyers provide brief, basic legal advice free of charge. Go to nsfamilylaw.ca/services/getting-legal-advice-finding-lawyer for contact information.
• Contact the Legal Information Society of Nova Scotia to connect with a legal information counsellor and get free legal information.
• Contact Nova Scotia Legal Aid for family law legal information and legal advice.
• Contact a lawyer in private practice (lawyer you would pay) who does family law.

 

 

One parent cannot deny the other parent time with the child unless there are serious concerns of harm during visits. Denying a child’s time with a parent has a serious impact.

A parent may be justified in refusing parenting time if the other parent:

• appears impaired by alcohol or drugs when they pick up the child
• threatens to take the child out of the county immediately
• is taking the child to a place where they may be in danger.

One parent cannot deny the other time with the child because they are:

• not paying child or spousal support
• angry at them
• seeking revenge.

Parenting time and child and spousal support are separate issues. You cannot use one to bargain for the other.

Generally, it is very rare for a court to deny parenting time. In very extreme situations, the court will deny parenting time if contact would put the child at serious risk of physical or emotional harm. In these circumstances, child protection would likely be involved. If they are not, a referral to child protection may be appropriate if the risk of harm is serious.

The court recognizes that sometimes parents harm their children or create situations where serious harm may happen. However, courts will order an adult to supervise the parent’s time with the child to reduce the risks. Supervision generally stays in place until the risk is gone.

It is difficult to protect a child from this type of conflict. Children identify with both parents: when one parent intentionally hurts the other, the child often experiences that hurt. 

One parent may feel that the other should be permanently denied parenting time. If there is already an order or agreement, they must apply to the court to ask that the order be changed. Or, both parents must agree in writing to change the agreement.

If you are being denied parenting time, you may apply to court to request court-ordered time with your child. You should do that quickly as the court process is slow, and this is a serious issue to address.

First, you should keep detailed written records of each time you are supposed to have parenting time and what happened. Include as much detail as you can. If your ex-spouse gave a reason for denying parenting time, make a note.

If the problem continues, you may apply to the court to enforce the parenting order. You can also ask the judge to add terms to make the other spouse accountable, ensuring your parenting time takes place. For example, you can ask for a term that requires picking up your child at a neutral place like a court, school, or daycare or that a neutral person supervises visits.

The court can help you enforce specific dates and times for parenting time. For example, instead of “reasonable parenting time at reasonable times on reasonable notice,” the court could order that you have parenting time every Tuesday and Thursday from 5:30 to 7:30 p.m. and alternate weekends from Friday at 5:30 p.m. to Sunday at 5:30 p.m. The court can also set out summer and holiday parenting schedules.

This type of parenting order creates certainty and:

• confirms when you will have parenting time
• provides predictability for the child on when they will see you again
• adds accountability because the time is specific.

Although parenting orders contain a police enforcement clause, the police will usually not get involved in enforcing a parenting order. Most often, the police just do a wellness check, meaning they will visit the home to confirm the child is safe. You should speak to a lawyer before calling the police. Use this as a last resort.

If you are concerned about the safety of your children, you may also contact your local child protection office.

If your spouse still denies parenting time, the court can find that your spouse is in contempt of court. This means your spouse purposely disobeyed a court order without good cause. If the judge finds this is the case, they can impose a fine or imprisonment on your spouse, though this is rare. In extreme cases, a judge may consider changing which parent the child lives with to resolve parenting time problems.

For more information about contempt of court, go to nsfamilylaw.ca. You should speak with a lawyer if you are considering a contempt application.

 

No, but they might lose parenting time as a result. If a parent does not visit their child, it is called "not exercising parenting time". It can hurt the child, especially if they expect to see the other parent.

If this happens regularly, you should explain to the other parent how it affects the child. For example, the child may believe they did something to cause the parent to lose interest in them.

Courts will sometimes order counselling or parenting classes. You can ask for this in court if the other parent has a history of not exercising parenting time. If the parent still fails to be at parenting times, there is little you can do.  Try to help your child deal with it. Counselling may clarify that it is not their fault.

Some parents who fail to exercise parenting time will later claim that parenting time was denied. Keep a record of requests for time and visits to prove you did not deny parenting time.

If you are being denied parenting time, you may wish to apply to the court to have your parenting time set out in a court order. This helps you see your child.

Go to nsfamilylaw.ca for information about parenting after separation or divorce and protecting children in difficult situations.

 

Please read our detailed information about moving after separation.

 

Please read our detailed information about children and travel.

 

It is easier to prevent a child abduction (being taken away without permission) than it is to recover a child. Children are most vulnerable to abduction when the relationship between the parents is troubled, and one parent has ties to another country or province. If you’re in a situation like that, you should speak to the police, a family lawyer, and the Consular Affairs Bureau at Foreign Affairs Canada as soon as possible. 

Foreign Affairs Canada publishes a detailed free booklet called International Child Abductions: A Manual for Parents.

Please go here for detailed information about children and travel. 

Technically, unless you have a court order or agreement that gives one of the parents medical decision-making responsibility, the expectation is that parents will make important medical decisions jointly.

However, in practice, whether a decision needs to be made jointly depends on:

• the age and maturity of the child
• the type of medical problem
• the decision that needs to be made  

It's up to the relevant medical professional to get appropriate consent(s) for treatment. As a child grows up they gradually gain more autonomy and eventually assume responsibility for their own medical decisions. It's up to the medical professional treating the child to assess the child's capacity to give their own consent to treatment. 

When the child is still dependent on their parents for decision-making, and the parents are in a co-parenting situation, sometimes it's possible to get a particular treatment without the other parent's consent. That’s because, in practice, there is some variation among medical professionals when it comes to getting consent from both parents. For example, a doctor in an emergency room treating a child in an emergency situation would approach the issue of consent to treatment differently than a specialist in a non-emergency situation. 

If you and the other parent don't agree on key medical decisions, the only way to get clarity about medical decision-making is to apply to Family Court. 

For example, if there’s a medical treatment that you think your child needs, but your child can’t obtain the treatment because the other parent will not consent to it, you can apply to Family Court for an order that addresses medical decision-making generally or that addresses decision-making for that specific medical issue. 

Similarly, if you share medical decision-making responsibility with the other parent and the child is still dependent on you for decision-making support, and the child has received a medical treatment that you do not agree with, you can apply to Family Court as well. 

  

• Tips for parenting after separation
• Resolving family law problems without court
• Families Change: a website to help kids, teens and parents deal with a family break-up
• www.nsfamilylaw.ca- general family law information on many topics, including divorce, separation, parenting arrangements, spousal support and child support
• The Department of Justice Canada has more information about family law and the Divorce Act, including fact sheets on: 
  • Parenting Arrangements
  • Divorce and Family Violence
  • Child's Views and Preferences
  • Moving after separation or divorce
  • Duties for parents and others
  • Family Dispute Resolution

  

Employee assistance programs (EAPs) can offer private personal or couples’ counselling to help you work through difficult times, including working on your relationship. If you have one, contact your EAP to see what is available. You may also have access to your spouse’s EAP. If you do not have an EAP, speak with your healthcare provider or contact 211, 811, or Nova Scotia Mental Health services.

You can make an appointment to meet with a Nova Scotia Legal Aid Summary Advice Lawyer at the court. You do not have to qualify for Nova Scotia Legal Aid to use this service. The Summary Advice Lawyers provide brief, basic legal advice free of charge. Go to nsfamilylaw.ca/services/getting-legal-advice-finding-lawyer for contact information.

Contact the Legal Information Society of Nova Scotia to connect with a legal information counsellor and get free legal information.

Contact Nova Scotia Legal Aid for family law legal information and legal advice.

Contact a lawyer in private practice (lawyer you would pay) who does family law.

In Episode 7 host Kiara Gibbons chats with Natasha Matthews, Coordinator, Policy & Compliance, Nova Scotia Department of Justice, Court Services, about the April 1, 2022 launch of the refreshed, renewed and improved NS family law information website: nsfamilylaw.ca  Listen to learn about some of the new features of the site and easier ways to find family law information, and then check out the new nsfamilylaw.ca site!

Family law resources mentioned in this episode:

To contact nsfamilylaw.ca

• nsfamilylaw.ca website survey
• Social media: @nsfamilylaw
• Contact Us page on nsfamilylaw.ca
• [email protected]

Other resources talked about in the episode

• Family Law Information Centres at the Supreme Court Family Division in Halifax and Sydney.  Visit nsfamilylaw.ca for more information
• Courts of Nova Scotia

Getting legal advice

If you cannot pay a lawyer:

• Nova Scotia Legal Aid
• Family law summary advice counsel

A lawyer you would pay:

• your employee assistance program (EAP) may provide referrals to lawyers
• Lawyer Referral Service (Legal Information Society of Nova Scotia)
• Nova Scotia Barristers’ Society online directory of lawyers in Nova Scotia
• Other ways to find a lawyer

 

For help in French:

• Email the Legal Information Society of Nova Scotia any time at [email protected].
• Call the Legal Information Society of Nova Scotia’s Legal Information Telephone Line on Monday mornings or Friday afternoons at 902-455-3135 or 1-800-665-9779.
• Make an appointment with Access Justice 

In Episode 5 Nova Scotia Legal Aid lawyer Paul Stordy talks about Nova Scotia Legal Aid’s services, challenges and changes in family law services resulting from COVID-19, and gives tips for child-focused parenting during COVID-19 and beyond.


In Episode 6 hosts Meg and Kiara continue their talk with Nova Scotia Legal Aid lawyer Paul Stordy, covering: child or spousal support and steps to consider if the payor’s income is reduced for reasons beyond their control, such as due to COVID-19; COVID-19’s impact on the divorce process; and options and support for people experiencing intimate partner violence. Meg and Kiara wrap up by reflecting on their chat with Paul, the general impact of COVID-19 on family law, what resonated with them, and some wise words from Meg's mom!

Lawyer Shelley Hounsell-Gray, Q.C. talks about changes to Canada's Divorce Act that became law on March 1, 2021. 

In Episode 3 Shelley covers who the Divorce Act applies to, new parenting language, best interest factors, the impact of family violence, and new duties for parents, legal advisers and courts.

In Episode 4 Shelley covers 

• alternative dispute resolution, including settlement conferences with a judge 
• moves that significantly affect the child’s relationship with the other parent (relocations) 
• highlights of key practical changes to the law.

LISNS Legal Information Counsellor Nicholas LeBlanc talks about family law basics, including parenting language and where to start to get family law help.

Can't find what you’re looking for? Go to nsfamilylaw.ca

More legal information about family law in Nova Scotia

• Contact us by telephone (Legal Information Line), email, or live chat to connect with a legal information counsellor and get free family law information
• Nova Scotia Legal Aid offers family law live chat on its website on Tuesdays from 3 pm to 5 pm
• Justice Canada Family Law Information
• The Court Services Division of Nova Scotia’s Department of Justice operates Family Law Information Centres at the Supreme Court–Family Division in both Halifax and Sydney. Visit nsfamilylaw.ca for more information.
• A website called CANLII offers free access to Canadian laws and court decisions. You can also find Nova Scotia laws on the Nova Scotia Legislature website at nslegislature.ca and court information and procedures on the Nova Scotia Court website at www.courts.ns.ca
• Francophone Nova Scotians can get help from l’Association des juristes d'expression française de la Nouvelle-Écosse.

To find a lawyer who does family law, you can

• ask a friend or family member for a referral
• contact your local Nova Scotia Legal Aid office at: http://www.nslegalaid.ca/contact.php
• contact law firms in your community that do family law
• contact your employee assistance program or union if you have one
• go to nsfamilylaw.ca, the page on getting legal advice
• contact a women’s centre and ask if they can suggest a referral
• go to Lawyers and Legal Help for more ways to find a lawyer.

If you cannot pay a lawyer

Your lawyer may accept alternative billing arrangements, or may be willing to just work on part of your case.

If you have no extra money, but you and your spouse own property, such as a home, investments, or RRSPs, some lawyers may agree to be paid at the end of your case, when you receive your share of the family property. 

Also, some lawyers may consider helping you with just part of your legal issue. For example, they might prepare an affidavit or examine a witness in court. This is sometimes called providing “unbundled”  or “limited scope retainer” legal services. Go here for more information about how lawyers charge for their work.

You may qualify for Nova Scotia Legal Aid.

Contact your local Nova Scotia Legal Aid office for information about Legal Aid’s services: nslegalaid.ca/legal-aid-offices/, and ways to apply for Nova Scotia Legal Aid: http://www.nslegalaid.ca/apply.php. You can also apply for Legal Aid online, at  nslegalaid.ca/onlineapplication.php. Check your local directory for the addresses and telephone numbers of legal aid offices across Nova Scotia, listed under [“Legal Aid” in the white pages and government section of the telephone book, or visit Nova Scotia Legal Aid’s website at: www.nslegalaid.ca

Summary advice lawyers can help with some family law issues.

You can make an appointment to meet with a Nova Scotia Legal Aid summary advice lawyer at the court. You do not have to qualify for Nova Scotia Legal Aid to use this service.  The summary advice lawyers provide brief, basic legal advice free of charge. Go to https://www.nsfamilylaw.ca/legal-advice-information for information.

You can represent yourself.

If you decide to represent yourself, you should still ask a lawyer to review the forms before you file them with the court, if possible. 

Parenting words have changed. The words “custody” and “access” are no longer used. The new words may differ from those in your order or agreement, but the rules are the same.

The new words focus on parents’ responsibilities to and relationships with their children:

• decision-making responsibility—used to be “custody”
• parenting time —used to be “access” 
•  contact —used to be “access”

Decision-making responsibility (custody) identifies who will make important decisions using the child’s best interests guideline. These include:

• medical and dental care
• education
• culture, language, religion and spirituality
• extra-curricular activities.

Decision-making responsibility may be either:

• shared between parents
• divided between parents (based on types of decisions)
• one parent may be responsible for all significant decisions.

Parents are expected to discuss important decisions about their children, no matter who has the decision-making responsibility.

Parenting time (access) is when a child is with a parent or person with the primary parenting role. It also includes time when they are not together. The child may be in school or daycare.

If you have parenting time, you can make daily decisions, including emergencies.

Contact (access) is time the child spends with people who are important in their life,  like grandparents, but who do not have a parenting role.

A person with decision-making responsibility or parenting time has a right to get information about the child’s health, education and well-being from other people or organizations. The exceptions are if a privacy law limits this or a court orders something different.

No. You do not need a new agreement or court order. Leave your original documents as they are until you agree on a change.

In family law, a move is called a “relocation” if the:

• current parenting schedule or arrangements will no longer work
• child’s relationship with a parent, guardian or person with a contact order is affected.

Even if you make a small move, it can be a relocation. It depends on how it changes the parenting schedule and the child’s relationships with others. You cannot move unless you have a court order to allow it or written consent from those affected.

The Divorce Act (Canadian law) and the Parenting and Support Act (Nova Scotia law) have similar relocation (family move) rules. You must give notice and follow the rules when planning to relocate.

Family law relocation rules apply when someone wants to move with or without a child. The rules about moving are complicated, so it is important to talk with a lawyer.

Court order or agreement: If you have a court order or written agreement, you must follow it before you move. Your order or agreement may include rules about moving.

The Divorce Act relocation rules apply only if you have an order made under the Divorce Act. This is called a Corollary Relief Order in Nova Scotia. It may include rules about:

• parenting time (custody)
• decision-making responsibility (access)
• contact (access).

The provincial Parenting and Support Act relocation rules apply in all other cases. 

If the move you are planning is big enough to qualify as a relocation, you will usually need permission. In most cases, you can only relocate if there are no objections, court orders, or written and signed agreements against it.

If you have a court order or agreement, follow its instructions before moving. You could have criminal charges if you move your child without a written agreement or court order giving permission.

You will generally:

• need permission to relocate from the child’s other significant caregiver—anyone who has decision-making responsibility or parenting time
• have to give written notice of the planned relocation to anyone who has parenting time, decision-making responsibility or contact
• give them notice whether you plan to relocate with or without the child.

You do not need permission to relocate from a person with child contact time, but you must give them notice.

Notice allows everyone to discuss the planned move and try to work things out.

If you have a court order or agreement that talks about moving, you must follow it. Check your court order or agreement to see if it talks about moving. 

If you don’t have a court order or agreement, or if the one you have doesn’t talk about moving, you will have to give advance notice of your planned move to anyone with parenting time, decision-making responsibility or contact with your child.

Even if the move will not have a big impact on the child’s relationships, you must still give written notice. 

60 days’ notice required for a planned relocation: You must give 60 days’ written notice if you plan to relocate with or without the child. This must go to anyone with parenting time, decision-making responsibility or contact with the child.

The written notice must include:

• date of the planned move
• new address or location
• any other new contact information for you or the child
• a proposal for how parenting time, decision-making responsibility or contact will work.

You may use this form to give notice for cases under the Divorce Act or the Parenting and Support Act.

When the other people involved receive your notice, they have 30 days to file an objection. 

A person with a contact order cannot object to or stop a planned relocation. If new contact arrangements are needed, parents and caregivers should try to work it out. A court application may ask for new contact arrangements if they cannot.

You can move if there are no objections, court orders, or written and signed agreements against it.

Keep records of when and how you provided notice of the relocation. Consider sending the notice by registered mail so that you have confirmation that the notice was received. 

You can move when the court says the relocation can happen or if a person with parenting time or decision-making responsibilities has not objected. They have 30 days to do this after they receive the notice.

Relocating with a child usually means that there will be increased travel costs for parenting time (for example, fuel or flights). If the move is authorized, the court may also consider the costs related to parenting time after the move. The costs may be shared between the person relocating with the child and the person who is not.

A family court judge has the authority to approve a relocation or to stop it. Your planned relocation may end up in court if you and your spouse cannot agree. 

The judge makes a decision based on the child’s best interests. The judge will consider:

• the reasons for the relocation
• how the relocation would affect the child
• the amount of time the child spends with each person with parenting time, and their involvement in the child’s life
• whether there is a court order or agreement that says the child must live in a specific geographic area
• whether proposed changes are reasonable for parenting time, decision-making responsibilities or contact
• whether the parties have followed their family law obligations (for example, have they followed the current court order)
• whether the person who is planning to move followed the rules for notice.

These best interest factors are in addition to those listed in the Divorce Act or Parenting and Support Act. No single factor will decide the case.

The court will not look at whether the person relocating would still move if the child was not allowed to move.

If you are afraid about your or your child’s safety, get legal advice about the impact of family violence on a planned relocation. If family violence is a concern, the notice rules may not apply.

You can ask the court to change the notice rules in your case. Sometimes, a judge may order that notice of a planned relocation is not required or change the standard notice rules. If you make a court application like that, you do not need to tell the other party (usually a parent) about the application. 

For example, if there is family violence and you are scared about your or your child’s safety, the court might do one of three things:

• say no notice is needed 
• shorten the notice period 
• say it is not appropriate for the other parent to know the new location.

Talk with a lawyer if you think the notice rules should not apply. Do this before you relocate with your child.

30 days notice required to file a planned relocation disagreement: You have 30 days to file a disagreement (objection) to the planned relocation if you have parenting time or decision-making responsibilities.

You can object or try to stop a planned relocation with a child by:

• explaining in writing why you object and want the move stopped
• applying to court for a judge to hear your case to stop the move.

You can use this form to object to a planned relocation. Your written objection should:

• say that you object to the planned move
• explain why you disagree with the planned move
• give your views on the new proposal for parenting time, decision-making or contact in the notice of relocation.

You can file a court application for a judge to stop a move with a child.

If you are worried that the other person will move with the child or if they have already left with the child, then you may file a court application. Explain the issues clearly in your court application. State if it is urgent to have your case heard by a judge.

You can only object to a relocation with a child. The court cannot order the other person not to move. But the court can order that the child or children will not move.

The rules about who proves that a move should happen or not are complicated. It is best to talk with a lawyer. Usually, it depends on the parenting arrangement:

Parenting arrangement	Proof required
Substantially equal parenting time	Parent who plans to relocate must show why the move is in the child’s best interests
Relocating parent has the vast majority of parenting time	Parent who opposes the relocation must show why the move is not in the child’s best interests
Any other parenting time arrangement	Each parent must show why the planned move is or is not in the child’s best interests

The Department of Justice Canada’s website has more information about family law and the changes to the Divorce Act, including fact sheets on:

• Parenting Arrangements
• Divorce and Family Violence
• Child’s Views and Preferences
• Moving after separation or divorce
• Duties for parents and others
• Family Dispute Resolution

www.nsfamilylaw.ca- family law information on many topics, including divorce, parenting arrangements, spousal support and child support

Contact the Legal Information Society of Nova Scotia to connect with a legal information counsellor and get free legal information

Contact Nova Scotia Legal Aid for family law legal information and legal advice

Contact a lawyer in private practice (lawyer you would pay) who does family law. Here is more information about finding a lawyer in private practice. 

When you end your relationship by separating, it can affect you in many ways. It’s stressful. You have many decisions to make, including legal and financial decisions.

Legal advice: You’ll need legal advice about your rights and responsibilities including:

• parenting arrangements if you have children
• making sure you and your children are safe if family violence is a concern
• child support
• spousal support 
• dividing your property and dealing with family debts.

Personal support: You may also need:

• counselling on how to help yourself and your children deal with the breakup
• advice on safety planning
• help from a credit counsellor or financial planner.

Only you can answer that question. A temporary break can help couples deal with problems. Or, it may be the first step in ending a relationship. Counselling services can help couples talk about their problems and make decisions.

The law does not say that once you are married or in a long-term relationship, you must stay in it. The law does provide ways of dealing with issues when you separate.

Each of you should get advice from your own lawyer before making major decisions. This is the best way to ensure you understand your rights and responsibilities.

You do not need to file any paperwork with the court to be legally separated. You are considered separated once you no longer live together as a couple. You don’t need to do anything more to make it legal.

Eventually, you and your spouse will need to work out the terms of your separation, such as:

• parenting arrangements, including where your child will live, decision-making responsibility and parenting time
• child and spousal support
• how to divide property and debts.

You should both talk to different lawyers before you sign any separation agreement. This is called getting independent legal advice. Your lawyer will review it and should make sure you understand what it means and how it will affect you. They can explain your rights and responsibilities and may give an opinion on fairness.

It is very difficult to change once you agree to the terms of a separation agreement unless both of you support the change.

You can live in the same home and still be considered separated for legal purposes. However, couples usually no longer live in the same home when they separate.

Whether or not you and your spouse are considered separated if you still live in the home will depend on all the facts.

Sometimes a separated couple will still live in the same home but no longer share daily activities or each other’s lives. This can happen because of choice, childcare or money issues. They may sleep in separate rooms, eat meals apart, and not appear to the public and friends as a couple.

You have a right to take at least your personal belongings. Children going with you can take their personal belongings such as clothes and toys. You may also have a right to take some matrimonial property, such as household items, for your new home.

Each case is different. If possible, you should get legal advice before you leave the home. Your lawyer will advise on what you can take and what your share of the matrimonial property may be.

You must not give away, sell or destroy household items you take with you.

Some people write up the terms of their separation in an agreement, although it is not required by law. You can save time and money if you and your spouse can agree on the separation and write an agreement. Registering the agreement with the court means you can enforce it like a court order.

Reasons to write an agreement:

• The separation can be less stressful. If you can’t reach an agreement, you may have to go to court, which can be a challenging experience.
• Your rights and obligations are set out once the written agreement is signed. You do not have to wait for court dates and other delays.
• It can help you set your separation date for Canada Pension Plan credit splitting. However, administrators of employment pensions may require a court order and not just a separation agreement. You should check with your lawyer or with the pension plan administrators.
• If you are making support payments to your spouse under a written agreement, you may be able to claim them on your income tax form. You should talk with a lawyer, an accountant or the Canada Revenue Agency about spousal support payments and income tax.
• You can include the terms of the separation agreement in a divorce order.

You can make a separation agreement at any time before a divorce. However, the sooner you can agree on the terms of the separation, the sooner you will be certain of your and your spouse’s rights and responsibilities.

This agreement describes the terms of your separation.

Your lawyer will advise you on what terms best protect your interests and meet your needs.

Some things to include in a separation agreement:

Parenting

• arrangements for your children
• who will pay child support and contribute to special expenses such as childcare
• whether one spouse will pay spousal support, how much and for how long

When discussing child support, you should keep in mind the Government of Canada’s Child Support Guidelines. They say how much child support to pay based on the number of children and the paying parent’s income.

Home 

• who will pay for the mortgage, repairs and insurance
• the family home will be sold
• how to share the profit
• who will live in the family home if you do not sell it.

Property and finances

• how to divide other family property such as pensions, investments, vehicles, furniture, and savings
• how to pay family debts
• who will pay for insurance policies, and who will be the beneficiary.

Agreement use and changes

• how will the agreement be changed if circumstances change
• if you are married, will the separation agreement form the terms of a divorce agreement

There is more information about what to include in our separation agreement pathway.

There are several options to help you work out a separation agreement without going to court. Sometimes these options are called family dispute resolution processes. Ways to solve issues outside of court include negotiation, mediation and collaborative family law.

Negotiation often involves the help of lawyers.

Collaborative family law is a process where lawyers and spouses agree not to go to court but instead to work together to reach an agreement. Your lawyer acts on your behalf, represents you and your needs and works to ensure that any agreement is in your and your children’s best interests. Your spouse has their own lawyer who works for them.

Mediation involves a mediator who is a trained person who doesn’t represent you or your spouse. They will work with both spouses to help reach an acceptable agreement. A mediator does not necessarily ensure the agreement complies with family law. So, before you sign anything, you should review the agreement with your lawyer.

You can find out about other ways to solve family law issues without court at nsfamilylaw.ca

No, there isn’t a specific court form or template that you can use. There isn’t a one-size-fits-all separation agreement, the agreement has to be specially tailored for your case. 

You may be able to find templates on the internet, but it is risky to use them. The only way to be certain that you are doing your agreement right is to have it done by a lawyer.

For those who cannot afford a lawyer, we have a self-guided separation agreement pathway. 

While you can write your own agreement, it is not wise to do so. A separation agreement affects your rights and responsibilities. You should get legal advice on those rights and responsibilities, discuss possible terms with your spouse, and then have your lawyer draw up a formal agreement.

For those who cannot afford a lawyer, we have a self-guided separation agreement pathway. 

You should not sign any document affecting your rights until you have spoken with your lawyer. They can make sure that the agreement covers all the necessary issues.

For your protection, you should put the terms into a written agreement. However, you and your spouse can verbally agree to the terms of your separation. If it is in writing, it will be easier to prove what you agreed on if there is a dispute.

And you should always talk to a lawyer before you sign any agreement.

No. A separation agreement is only valid if both spouses voluntarily agree to the terms and sign the document. Once the agreement is signed, it is a binding contract and can be enforced through the courts. Before signing a separation agreement, you and your spouse should get independent legal advice.

You can go to court if your spouse does not follow your written agreement.

If approved, registering the agreement with the court means you can enforce it like a court order. Registering the agreement also means you can access the Maintenance Enforcement Program (MEP) for help collecting child and spousal support payments.

Visit the MEP website at mep.novascotia.ca/ for more information.

If you have only a spoken agreement, it will be much harder to make your spouse follow the terms of the agreement.

Yes. You change a separation agreement.

• Spoken agreement: You can change it by agreeing to the new terms. However, it is difficult to enforce a verbal agreement since it will only be your word against your spouse’s.
• Written agreement: It may allow for adjustments to meet changing circumstances. Or, you and your spouse can agree to changes. The changes should be put in writing and witnessed. If the agreement is registered in the court and you cannot agree on changes, you can apply to the court to settle the matter.

Remember that once the agreement is signed it is a binding contract. Judges are reluctant to change agreements. The judge will have to be convinced that:

• both spouses agree to the changes
• the terms of the agreement are unduly harsh
• you did not have legal advice before you signed it
• you were forced into signing it.

Generally, only terms of an agreement that relate to parenting or child support may be changed. If spousal support is paid, it may be changed based on the agreement’s terms or if there is a big change in the circumstances of one or both people.

If you and your spouse cannot agree, you will probably end up in Family Court. One of you will have to ask the courts to make a decision. Court is also an option when an issue must be dealt with right away. An example is family violence. In these cases, parenting decisions need to be made quickly. 

The Supreme Court Family Division hears family law cases. Court processes such as conciliation and settlement conferences led by a judge can help spouses reach an agreement without having a trial.

When necessary, a trial is an option. However, spouses are encouraged to work out their differences without a trial because it leads to more workable solutions, especially with children.

After you have been separated for more than 90 days you:

• should tell the Canada Revenue Agency (CRA). Here is how to change your family status with the CRA.
• may apply to have the child tax benefit assessed based on your new parenting and financial situation. See the child tax benefit website for more information.

Yes, depending on your situation. You should review the terms of your will, power of attorney, personal directive, life and health insurance, registered retirement savings plans (RRSPs), tax-free savings accounts (TFSAs) and other financial products where you’ve named your spouse as beneficiary or substitute decision-maker. A lawyer can advise on these matters.

The agreement can also include a statement that says you and your spouse agree not to harass or interfere with each other.

• www.nsfamilylaw.ca- family law information on many topics, including common law relationships, divorce, separation, parenting arrangements, spousal support and child support
• Contact the Legal Information Society of Nova Scotia to connect with a legal information counsellor and get free legal information
• Contact Nova Scotia Legal Aid for family law legal information and legal advice
• Contact a lawyer in private practice (lawyer you would pay) who does family law
• Free and low-cost legal help in Nova Scotia.
• The Department of Justice Canada has more information about family law and the changes to the Divorce Act, including fact sheets on:
  • Parenting Arrangements
  • Divorce and Family Violence
  • Child’s Views and Preferences
  • Moving after separation or divorce
  • Duties for parents and others
  • Family Dispute Resolution

Canada’s Divorce Act deals with married spouses who have applied to court for a divorce. It also applies to former spouses who are divorced. 

Nova Scotia’s Parenting and Support Act applies to people who:

• are married, but neither spouse has applied for a divorce
• have a registered domestic partnership
• are in a common law relationship and
  • lived together intimately for at least 2 years
  • lived together and have a child together 

If you have a child together, you do not need to have lived together for 2 years. 

The Divorce Act and Parenting and Support Act state the factors that must be considered when deciding if a spouse is eligible for spousal support.

If you have children, child support is the priority. The Divorce Act and the Parenting and Support Act put child support obligations ahead of spousal support.

The Interjurisdictional Support Orders (ISO) Act is for when one former spouse lives in another province or country with the same interjurisdictional rules and procedures as Nova Scotia. 

Spousal support can be complex. It is helpful to look at case law (decisions by judges) and the Spousal Support Advisory Guidelines. 

It is best to speak with a lawyer to get advice about your eligibility for spousal support.

There are three steps to assessing eligibility for spousal support.

Step 1: Confirm that you are a spouse

To get spousal support, you must meet the spouse definition under the relevant law. 

The federal Divorce Act states you can apply for spousal support if you are married and have a divorce application or petition before the court. 

The Nova Scotia Parenting and Support Act states you can apply for spousal support if:

• you are married, but neither spouse has applied for a divorce
• you have a registered domestic partnership
• you are in a common law relationship and have:
  • lived together for at least 2 years
  • lived together and have a child together

If you have a child together, you do not need to have lived together for 2 years.

Step 2: Consider the facts of your case

To order spousal support, the judge must be satisfied that:

• the spouse seeking support has financial need or that they are entitled to compensation based on the facts of their case
• the other spouse has the ability to pay. 

The Divorce Act lists 4 objectives for spousal support:

• recognizing any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown
• considering the financial consequences of caring for children, over and above child support
• relieving any economic hardship caused by the relationship’s breakdown 
• promoting the economic self-sufficiency of each spouse within a reasonable amount of time.

The Divorce Act requires the court to examine the condition, means, needs and other circumstances of each spouse, including:

• how long they lived together
• the functions performed by each spouse while they lived together, and
• any order, agreement or arrangement relating to spousal or child support. 

Judges will think about:

• the roles and responsibilities in the relationship. For example, how were the housework and childcare divided?
• any agreement, in writing or not, that said one spouse would support the other
• the terms of any marriage contract or separation agreement between the spouses
• care and parenting arrangements for children of the relationship
• the obligations of each spouse towards any children
• the ability of the paying spouse to pay child support, if applicable 
• the ability of the supporting spouse to contribute to support themselves
• whether either spouse has a physical or mental disability
• if a spouse is unable to get paid employment
• a spouse’s contribution to the education or career potential of the other
• the reasonable needs of each spouse
• the separate property of each spouse.

If you conclude you may be eligible for spousal support based on this information, go to Step 3.

Step 3: Determine how much support you may receive and how long it may last

If you may be eligible for support, you can use the Spousal Support Advisory Guidelines to determine how much spousal support you may receive and how long support may last.

How long you will receive spousal support depends on:

• the length of the marriage or relationship
• age of the spouses when support is ordered
• the employment prospects of the recipient spouse — for example, whether the spouse getting support is working or retraining to find work.

Spousal support may be paid for a fixed time with a specified end date or for an indefinite time. Each situation is different.

If you or your spouse have a significant change in circumstances, the court may review your agreement. It may change how long and how much spousal support a spouse must pay. Reasons to review spousal support could be retirement, job loss or job change. 

The federal Spousal Support Advisory Guidelines (SSAG) were developed to help predict how much and for how long spousal support may be paid.

The Child Support Guidelines are law. The Spousal Support Advisory Guidelines are not law. However, the courts in many provinces use the SSAG when making spousal support decisions. In Nova Scotia, the courts use the SSAG to help decide how much support should be paid and for how long.

There are two formulas in the SSAG: one for spouses with dependent children and one for spouses without. 

Support for spouses with dependent children is based on the difference in the spouses’ income after tax (net income) and the amount of child support paid. 

Support for spouses without dependent children is based on the difference in the spouses’ incomes before tax (gross income) and the length of their marriage. 

Before you look to see what the SSAG predicts as a payment range, remember they do not deal with whether a spouse is entitled to get support under either act. 

The formulas are quite complicated. Get help from a lawyer before you finalize any spousal support agreement or court order.

If you apply for a spousal support order, you are entitled to see your spouse’s financial information. This includes income tax returns, pay stubs, and itemized statements of income, expenses, assets, and liabilities. 

Both spouses must disclose their property and debts and a budget to show their monthly expenses. They may also have to provide financial information about anyone they live with, such as a new spouse or partner.

You can learn more about disclosure of financial information at nsfamilylaw.ca and in the Nova Scotia Civil Procedure Rules, which cover court rules and forms, including statement of income, statement of expenses, and statement of property for financial disclosure in the context of spousal support.

How often support is paid depends on your arrangement with the payor spouse. Spousal support can be paid voluntarily or according to a written agreement or court order. Support orders can be on a temporary (interim) or a final basis. Even final spousal support orders may be adjusted if someone’s situation changes. 

Periodic: Your payments may be periodic (monthly), a lump sum or both. It can be either time-limited or have no set ending.

Lump sum: You may receive one payment of spousal support. 

Fixed: You may be paid for a set time with an end date. It can be based on years or an event, like when the spouse receiving support retrains for new employment.

Indefinite: You may be paid indefinitely. 

Income tax laws often change. Contact the Canada Revenue Agency (CRA) or a lawyer for current and correct information about spousal support tax status.

Periodic spousal support payments may qualify as an income tax deduction for the paying spouse. If you receive payments, they must be included as income and tax paid on your total annual income.

Generally, lump sum payments of spousal support are not tax deductible and do not need to be claimed as income.

 

If you said you didn’t want spousal support in an agreement, or it is confirmed in a court order, it is unlikely you can make a future claim.

In some circumstances, you may be able to convince a judge that the court order or agreement should be overturned. This is an unusual situation. Speak with a lawyer to learn about what evidence is needed to make an application and your chances of success.

If you have trouble getting money from your spousal support order, contact the Maintenance Enforcement Program (MEP). You may register at any time. It is free.

If you have a separation agreement, you can likely register the agreement with the court. This makes it a court order that the MEP can then enforce.

• Ways to get more family law information and legal advice.
• Go to nsfamilylaw.ca for further general spousal support information
• Justice Canada information about spousal support at justice.gc.ca, and the Spousal Support Advisory Guidelines
• Contact the Canada Revenue Agency for information on the tax treatment of spousal support,