What legislation should you know about
In Canada, the federal Divorce Act legislates divorce and other related legal issues, such as:
- spousal support;
- child support;
- custody; and
- access for divorcing couples.
What about property and division of debt
This falls under the Yukon’s Family Property and Support Act.
Who can apply for divorce
Either spouse:
- can apply for a Divorce Order; and
- must have been residing in the Yukon for at least 1 year immediately before the start of the proceeding.
When can you apply for divorce
- As soon as you are separated.
- If you're claiming breakdown of marriage on the grounds of separation for at least 1 year: your Divorce Order will be granted after the 1 year of separation is over.
What if you need an order for custody and/or child support
You can apply and receive these before the 1 year of separation is over.
When should you apply for a Divorce Order
- If there is no hope for reconciliation.
- As soon as custody, child support or other orders are required.
- Before the other party moves away from the Yukon.
Helpful resources
Books, newsletters, reports about family law
Yukon Supreme Court rules and forms
Legal aid
Get your questions answered about the law
- Yukon Public Legal Education Association
- Law Line, phone 867 668-5297 or toll free 1-866-667-4305
Lawyer referral service
Mediation
Family law in Canada
The steps you need to take to file for divorce
Read all the details in the Applying for Divorce: Family Law Self-Help Guide. If you have any questions or need assistance in completing the court forms, contact the Family Law Information Centre.
These are the steps:
- Research the laws and rules that apply to your family law matter.
- Collect your supporting documents.
- Prepare and complete forms.
- Make copies of all your forms and documents.
- Have your financial statement and affidavits notarized.
- File your forms with the Supreme Court Registry.
- Arrange to have your filed forms served on the other party.
- Prepare and file an Affidavit of Service.
- Wait for a response from the other party (if no response is filed, go to step 11).
- Prepare responding affidavits, if needed.
- Request a Divorce Order.
- Request a Certificate of Divorce.
If you have questions about applying for a divorce, contact the Family Law Information Centre. The office is open Monday through Friday from 9 am to 4 pm.
In person: Andrew A. Philipsen Law Centre (ground floor), 2134 2nd Avenue
Email: flic@yukon.ca
Phone: 867-456-6721, or toll free in Yukon 1-800-661-0408 extension 6721.