Corollary Relief Order in Nova Scotia Divorce

What Corollary Relief Means

When a Nova Scotia court grants a divorce, it can also make orders about the financial and parenting consequences of the marriage ending. These orders — covering child support, spousal support, and parenting arrangements — are collectively called "corollary relief." The term comes from the federal Divorce Act, which gives the court authority to address these issues alongside the divorce itself.

In practical terms, the Corollary Relief Order (Form 59.48B) is the court document that sets out the parenting and support terms accompanying the divorce, often reflecting your separation agreement. The Divorce Order (Form 59.48A) dissolves the marriage.

When You Need One

You need a Corollary Relief Order any time your divorce involves:

• Child support — the court must be satisfied that support arrangements comply with the Federal Child Support Guidelines before it will grant a divorce where children are involved
• Spousal support — whether one spouse will pay the other, how much, and for how long
• Parenting arrangements — decision-making responsibility, residential schedules, and communication terms for children involved in the case

If your divorce has none of these issues — no children, no spousal support claims, no outstanding financial matters between you — you may only need the Divorce Order itself. But that scenario is uncommon. Most divorces involve at least one corollary issue, and the court expects to see Form 59.48B in the filing package.

Drafting Form 59.48B

The Draft Corollary Relief Order is one of the documents you file as part of your second-stage paperwork (along with your Uncontested Motion, supporting affidavit, and financial disclosures). The word "draft" is important — you're proposing terms for the judge to review and sign. The judge has full authority to modify the order before signing if the proposed terms don't comply with the law.

The key sections of Form 59.48B:

Child Support. Specify the monthly table amount from the Federal Child Support Guidelines, calculated from the payor parent's Line 15000 gross income. Include the effective start date and any terms for special or extraordinary expenses under section 7 of the Guidelines.

If you're proposing support that differs from the table amount, include a detailed justification. The court officer reviewing your file will return it if you propose below-table support without explaining why the deviation serves the children's best interests.

Spousal Support. If applicable, state the amount, frequency (usually monthly), start date, and either an end date or a review date. The Spousal Support Advisory Guidelines (SSAG) provide a framework for calculating ranges based on the length of the marriage and income disparity, but they're advisory — not mandatory. The judge will look at whether the proposed amount falls within a reasonable range given the circumstances.

Parenting Arrangements. Detail decision-making responsibility (sole or joint), the residential schedule, holiday and vacation arrangements, and any specific communication terms. Vague language gets flagged. "The father shall have reasonable access" is not specific enough — the court wants to see actual days and times.

Common Reasons the Court Sends It Back

Problems with the Corollary Relief Order can cause your filing package to be returned. The most frequent problems:

• Child support doesn't match the Guidelines table. A proposed deviation requires a written explanation of why it serves the children's best interests.
• Missing income documentation. The judge needs to verify that the proposed support is based on accurate income figures. If your Form FD3 (Statement of Income) is incomplete or missing its supporting CRA Notice of Assessment, the entire package stalls.
• The order contradicts the separation agreement. If you've filed a separation agreement and the Corollary Relief Order says something different — different support amounts, different parenting terms — the court officer will return the package for clarification.
• Vague parenting terms. The court wants enforceable specifics, not aspirational language.

The Relationship Between Your Separation Agreement and the Order

A common source of confusion: the Corollary Relief Order is not a replacement for your separation agreement. Your agreement is a private contract between you and your spouse. The Corollary Relief Order is the court's formal adoption of those terms (or modified versions of them) as an enforceable court order.

If you've mediated a comprehensive agreement, the Corollary Relief Order should mirror its terms precisely. If there are differences, the court order takes legal precedence — which is why accuracy matters when drafting Form 59.48B.

Getting the Order Right the First Time

The Corollary Relief Order is the most technically demanding document in a Nova Scotia divorce filing. Getting it right requires matching your proposed terms to the Guidelines tables, supporting every figure with financial documentation, and drafting parenting arrangements that are specific enough for a judge to sign.

Our Nova Scotia Divorce Filing Process Guide includes worksheets for organizing your support calculations and a step-by-step walkthrough of Form 59.48B — structured to catch the issues court officers flag most often.

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