What Documents Do You Need for Divorce in Nova Scotia?

Two Filing Stages, Two Document Packages

A Nova Scotia divorce isn't a single stack of paperwork. It's filed in two stages — the initial application and the second-stage motion — and each stage has its own required documents. Showing up with a partial package means the registry sends you home.

Here's what you need for each stage, broken down by which divorce pathway you're using.

Stage 1: The Initial Filing

Every divorce starts by opening a court file at the Supreme Court (Family Division) registry. The exact documents depend on your pathway:

Joint Application (Form 59.46)

Both spouses file together as co-applicants:

• Form 59.46 (Joint Application for Divorce) — completed and signed by both spouses
• Form FD1 (Statement of Contact Information) — one from each spouse
• Personal Representation Forms — one from each spouse
• Original long-form marriage certificate — not a photocopy, not a church certificate, not a wallet card
• Separation agreement or consented draft orders — the fully executed written agreement between you and your spouse
• Filing fee: $218.05 plus $10 federal processing fee

Application by Written Agreement (Form 59.45)

One spouse files as the Applicant:

• Form 59.45 (Application for Divorce by Written Agreement) — completed and signed by the Applicant
• Form FD1 (Statement of Contact Information) — from the Applicant
• Personal Representation Form — from the Applicant
• Original long-form marriage certificate
• Separation agreement or consented draft orders
• Copies for service: The registry stamps a "red seal" copy that must be personally served on the Respondent, along with blank response forms
• Filing fee: $218.05 plus $10 federal processing fee

Petition for Divorce (Form 59.09)

Used when issues are unresolved or the other spouse won't cooperate:

• Form 59.09 (Petition for Divorce) — completed and signed by the Petitioner
• Form FD1 (Statement of Contact Information) — from the Petitioner
• Personal Representation Form — from the Petitioner
• Original long-form marriage certificate
• Copies for service: Red seal copy plus blank Answer form (Form 59.10) for the Respondent
• Filing fee: $291.55 plus $10 federal processing fee

Stage 2: The Uncontested Motion

Once the response deadline has passed (or you've filed a Joint Application, which skips the service and response steps), you file the second-stage documents:

• Form 59.44 (Uncontested Motion for Divorce) — requesting the court finalize your divorce
• Form FD12 (Affidavit Supporting an Uncontested Divorce) — a sworn statement covering the facts of your marriage, separation, grounds for divorce, and any arrangements for children. Must be sworn before a Commissioner of Oaths
• Draft Divorce Order (Form 59.48A) — the proposed order dissolving the marriage
• Draft Corollary Relief Order (Form 59.48B) — the proposed order covering child support, spousal support, and parenting arrangements (if applicable)
• Affidavit of Service (Form 31.05) — sworn proof that the respondent was served (not required for Joint Applications)
• Uncontested Motion fee: $66.00 (not required for Joint Applications)

Financial Disclosure Documents

If your divorce involves child support, spousal support, or property division — and most divorces with children do — you also need:

• Form FD3 (Statement of Income) — your Line 15000 gross income from the most recent tax year
• CRA Notice of Assessment — the most recent year, and often the two prior years as well
• Form FD6 (Statement of Expenses) — a monthly breakdown of living expenses (required in some cases)
• Form FD7 (Statement of Property) — a complete inventory of assets and debts as of the date of separation
• Form FD4 (Statement of Special or Extraordinary Expenses) — if claiming childcare, medical, extracurricular, or educational costs beyond basic support
• Pay stubs — recent
• Tax returns — at least the most recent year, often three years

The court officer reviews these disclosures before passing your file to a judge. Incomplete financial forms are one of the top reasons second-stage packages get returned.

Supporting Documents You'll Likely Need

Beyond the court forms themselves, several supporting documents come up repeatedly:

• Parenting Information Program (PIP) information — if your case involves children, PIP is a mandatory program; confirm with the registry what completion documentation your file requires.
• Proof of separation date — the Affidavit Supporting an Uncontested Divorce requires you to state when you separated. Supporting evidence (a lease in one spouse's name, a letter confirming a new address) strengthens the filing.
• Foreign marriage certificate translation — if married outside Canada in a language other than English or French, you need a certified translation.
• Pension valuation statements — if pension division is part of your settlement, current valuations are required.

Organizing the Package

The volume of paperwork is the real challenge. Between both filing stages, a typical Nova Scotia divorce with children involves 15 to 20 separate documents, many of which need original signatures, correct copy counts, and sworn affidavits.

Getting organized before your first courthouse visit — confirming you have the right forms for your pathway, gathering supporting documents, and checking that every field is complete — is what separates a smooth filing from a rejected one.

Our Nova Scotia Divorce Filing Process Guide includes document checklists organized by pathway and filing stage, so you can verify your package is complete before you make the trip to the registry.

See more Nova Scotia guides →