How to File for Divorce in Nunavut

Filing for divorce in Nunavut means working through a single court — the Nunavut Court of Justice — which handles every family law matter in the territory. Unlike provinces with separate provincial and superior courts, Nunavut's unified system means one judge can grant your divorce, settle parenting arrangements, and divide property in a single proceeding. That simplifies things considerably, but the process still has specific steps most people trip over.

Here is the complete filing sequence from separation to your final Certificate of Divorce.

Confirm You Meet the Residency Requirement

At least one spouse must have been ordinarily resident in Nunavut for a full 12 months immediately before filing. "Ordinarily resident" means Nunavut is where your settled, everyday life is centred. Temporary absences for medical treatment, seasonal work, or vacations do not break the clock, as long as you maintain a permanent home and return to the territory.

If neither spouse has lived in Nunavut for 12 consecutive months, the Nunavut Court of Justice has no jurisdiction. You must file in whichever province or territory satisfies the residency test.

Choose Your Filing Path

Joint application (Form 7): Both spouses agree on everything — grounds, parenting, support, property — and co-sign a single petition. No service of documents required. Typical timeline: 2 to 4 months. Cost: approximately $210 to $265 (court filing fee plus the $10 federal registry fee).

Sole petition (Form 1 + Form 2): One spouse files and serves the other. The respondent has 25 days (within Nunavut) or 30 days (elsewhere in Canada) to respond. If no response is filed, the divorce proceeds uncontested as a desk order. Typical timeline: 3 to 5 months. Cost: $300 to $500 including process service.

Prepare and File Your Documents

Complete your initiating forms — either Form 7 (joint) or Form 1 and Form 2 (sole) — and have them sworn before a Commissioner of Oaths. If you are claiming child support, spousal support, or property division, you will also need Form 8 (Financial Statement) and Form 9 (Statement of Property), accompanied by three years of tax returns and Notices of Assessment.

File the originals plus two copies at the Iqaluit Civil Registry (Nunavut Justice Centre, Building 510). You can also file remotely by emailing scanned documents to [email protected] — each page must carry the Practice Directive #18 endorsement confirming authenticity.

The registry charges a filing fee of $200 to $255 plus a $10 federal registration fee.

Wait for the Federal Clearance Certificate

After filing, the court registry transmits your case details to the Central Registry of Divorce Proceedings (CRDP) in Ottawa. This federal clearance confirms no other divorce proceeding between you and your spouse is active anywhere in Canada. Expect a 2- to 6-week wait for the certificate to come back.

Serve and Request the Desk Order

For sole petitions, arrange personal service on your spouse through a third-party adult (not you) or the Office of the Sheriff. File Form 3 (Affidavit of Service) once service is complete. After the response window closes without a contest, submit Form 11 (Request for Divorce Without Oral Hearing) and Form 12 (Affidavit of Applicant).

A judge reviews your package on paper — no court appearance needed — and signs Form 14 (Divorce Judgment). This typically takes 4 to 8 weeks.

Get Your Certificate of Divorce

After the judge signs the Divorce Judgment, a mandatory 31-day appeal period runs under the federal Divorce Act. You remain legally married during this window. Once the 31 days pass, file Form 17 to request your Certificate of Divorce — the only document that proves your marriage is legally dissolved and allows you to remarry.

The Nunavut Divorce Filing Process Guide walks through every form, deadline, and remote-filing step in sequence, with worksheets for financial disclosure and service of process planning.

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