You may be wondering what law applies to you. We recommend you always get legal advice.

If you are:

• Married
• Common Law
• Registered Domestic Partners
• Unmarried and Not Common Law
• If You are a Grandparent, Stepparent, or Another Third Party Who Wants the Court to Make an Order about Custody, Access, or Child Support

 

You are Married

What laws and regulations apply?

If you are married, the following laws and regulations may apply:

• Divorce Act: Use this act if you want a divorce, or are already divorced. You can ask the court to make an order relating to custody, access, child support, and spousal support. You can also use this act to ask the court to change an order relating to custody, access or support. Refer also to the regulations under the act.
• Federal Child Support Guidelines: These regulations apply under the Divorce Act when you want a divorce or are already divorced. They set out the rules used to calculate how much child support people will have to pay. For information on how to determine child support under the Federal Child Support Guidelines, visit the child support section of the Government of Canada's Department of Justice website.
• Maintenance and Custody Act: Use this act if you do not want a divorce but are asking for an order relating to custody, access, child support, spousal support, or the exclusive occupation of a residence. You can also use this act to ask the court to change an order about custody, access or support if you are not yet divorced and if you have not started a divorce. Refer also to the regulations under the act.
• Child Maintenance Guidelines: These regulations apply under the Maintenance and Custody Act when you do not want a divorce or have not been married, but are asking the court for an order relating to child support. The Child Maintenance Guidelines set out the rules used to calculate how much child support people will have to pay. For information on how to determine child support under the Child Maintenance Guidelines, click here.
• Family Maintenance Regulations: These regulations apply under the Maintenance and Custody Act when you are making a Family Court application in areas other than Halifax Regional Municipality and Cape Breton.
• Interjurisdictional Support Orders Act: If your spouse lives outside of Nova Scotia, use this act if you do not want a divorce and are asking for an order relating to support.
• Matrimonial Property Act: Use this act if you want an order relating to property, including exclusive possession of the matrimonial home and pensions.
• Division of Pensions: There are a number of different pension acts that can be used to divide pensions:
  • Pension Benefits Act (Nova Scotia): if you or your spouse has a provincially regulated pension
  • Pension Benefits Standards Act (Canada): if you or your spouse has a federally regulated pension
  • Pension Benefits Division Act (Canada) if you or your spouse is a member of a federal public sector pension plan this act applies when a plan member's pension is to be divided
  • Other pension legislation may apply. We recommend you get legal advice
• Other legislation may apply. We recommend you get legal advice.
• For more information about family law legislation and regulations, click here.

 

What court do you use?

If you live in Halifax Regional Municipality or Cape Breton, you will always go to the Supreme Court Family Division. This court is sometimes referred to as "Family Division."

If you live outside of Halifax Regional Municipality or Cape Breton, you will go to the Supreme Court if you are married and dealing with:

• Divorce Act
• Matrimonial Property Act
• division of pension under the Pension Benefits Act (Nova Scotia), Pension Benefits Standards Act (Canada), Pension Benefits Division Act (Canada) or some other pension legislation

If you live outside of Halifax Regional Municipality or Cape Breton, you will go to the Family Court if you are married and not getting divorced and dealing with the Maintenance and Custody Act.

For more information about what court to use, click here.

If You are Common Law

You may be wondering what law applies to you. We recommend you always get legal advice.

 

What laws apply?

If you are common law, the following laws may apply:

• Maintenance and Custody Act: Use this act if you are asking for an order relating to custody, access, child support, spousal support, exclusive occupation of a family residence, or a paternity finding. Paternity means being a child's biological father. Refer also to the regulations under this act (for example, the Child Maintenance Guidelines).
• Child Maintenance Guidelines: These regulations apply under the Maintenance and Custody Act when you are asking the court for an order relating to child support. The Child Maintenance Guidelines set out the rules used to calculate how much child support people will have to pay. For information on how to determine child support under the Child Maintenance Guidelines, click here.
• Family Maintenance Regulations: These regulations apply under the Maintenance and Custody Act when you are making a Family Court application in areas other than Halifax Regional Municipality and Cape Breton.
• Interjurisdictional Support Orders Act: If your spouse lives outside of Nova Scotia, use this act if you are asking for an order relating to support.
• Division of Property: This does not refer to a specific act, but rather the court's power to order a division of property based on common law trust principles. We recommend you get legal advice.
• Division of Pensions: There are a number of different pension acts that can be used to divide pensions:
  • Pension Benefits Act (Nova Scotia): if you or your spouse has a provincially regulated pension
  • Pension Benefits Standards Act (Canada): if you or your spouse has a federally regulated pension
  • Pension Benefits Division Act (Canada) if you or your spouse is a member of a federal public sector pension plan this act applies when a plan member's pension is to be divided
  • Other pension legislation may apply. We recommend you get legal advice.

Other legislation may apply. We recommend you get independent legal advice.
For more information about family law legislation and regulations, click here.

 

What court do you use?

If you live in Halifax Regional Municipality or Cape Breton, you will always go to the Supreme Court Family Division. This court is sometimes referred to as "Family Division."

If you live outside of Halifax Regional Municipality or Cape Breton, you will go to the Supreme Court if you are common law and dealing with:

• division of property using trust principles
• division of pension under the Pension Benefits Act (Nova Scotia), Pension Benefits Standards Act (Canada), Pension Benefits Division Act (Canada) or some other pension legislation

If you live outside of Halifax Regional Municipality or Cape Breton, you will go to the Family Court if you are common law and dealing with the Maintenance and Custody Act.
For more information about common law relationships, visit the Legal Information Society website.

If You are Registered Domestic Partners

You may be wondering what law applies to you. We recommend you always get legal advice.

 

What law applies?

If you have a registered domestic partnership, all provincial legislation that applies to a married couple also applies to you. The following laws may apply:

• Maintenance and Custody Act: Use this act if you are asking for an order relating to custody, access, child support, spousal support, exclusive occupation of a family residence, or a paternity finding. Paternity means being a child's biological father. Refer also to the regulations under the act (for example, the Child Maintenance Guidelines).
• Child Maintenance Guidelines: These regulations apply under the Maintenance and Custody Act when you are asking the court for an order relating to child support. The Child Maintenance Guidelines set out the rules used to calculate how much child support people will have to pay. For information on how to determine child support under the Child Maintenance Guidelines, click here.
• Family Maintenance Regulations: These regulations apply under the Maintenance and Custody Act when you are making a Family Court application in areas other than Halifax Regional Municipality and Cape Breton.
• Interjurisdictional Support Orders Act: If your spouse lives outside of Nova Scotia, use this act if you are asking for an order relating to support.
• Matrimonial Property Act: Use this act if you want an order relating to property, including exclusive possession of the matrimonial home and pensions.
• Division of Pensions: There are a number of different pension acts that can be used to divide pensions and may apply to your case:
  • Pension Benefits Act (Nova Scotia): if you or your spouse has a provincially regulated pension
  • Pension Benefits Standards Act (Canada): if you or your spouse has a federally regulated pension
  • Pension Benefits Division Act (Canada): if you or your spouse is a member of a federal public sector pension plan act applies when a plan member's pension is to be divided
  • Other pension legislation may apply. We recommend you get legal advice.

Other legislation may apply. We recommend you get legal advice.
For more information about family law legislation and regulations, click here.

 

What court do you use?

If you live in Halifax Regional Municipality or Cape Breton, you will always go to the Supreme Court Family Division. This court is sometimes referred to as "Family Division."

If you live outside of Halifax Regional Municipality or Cape Breton, you will go to the Supreme Court if you are registered domestic partners and dealing with

• Matrimonial Property
• division of pension under the Pension Benefits Act (Nova Scotia), Pension Benefits Standards Act (Canada), Pension Benefits Division Act (Canada) or some other pension legislation

If you live outside of Halifax Regional Municipality or Cape Breton, you will go to the Family Court if you are dealing with the Maintenance and Custody Act.

For more information about registered domestic partnerships, visit the Legal Information Society website.

If You Unmarried and Not Common Law

You may be wondering what law applies to you. We recommend you always get legal advice.

 

What law applies?

If you are unmarried and not common law, the following laws may apply:

• Maintenance and Custody Act: Use this act if you are asking for an order relating to custody, access, child support, spousal support, exclusive occupation of a family residence, or a paternity finding. Paternity means being a child's biological father. Refer also to the regulations under this act (for example, the Child Maintenance Guidelines).
• Child Maintenance Guidelines: These regulations apply under the Maintenance and Custody Act when you are asking the court for an order relating to child support. The Child Maintenance Guidelines set out the rules used to calculate how much child support people will have to pay. For information on how to determine child support under the Child Maintenance Guidelines, click here.
• Family Maintenance Regulations: These regulations apply under the Maintenance and Custody Act when you are making a Family Court application in areas other than Halifax Regional Municipality and Cape Breton.
• Interjurisdictional Support Orders Act: [hyperlink to page on flic site] If your spouse lives outside of Nova Scotia, use this act if you are asking for an order relating to support.

Other legislation may apply. We recommend you get legal advice.

For more information about family law legislation and regulations, click here.

 

What court do you use?

If you live in Halifax Regional Municipality or Cape Breton, you will always go to the Supreme Court Family Division. This court is sometimes referred to as "Family Division."

If you live outside of Halifax Regional Municipality or Cape Breton, you will go to the Family Court if you are dealing with the Maintenance and Custody Act.

If You are a Grandparent, Stepparent, or Another Third Party Who Wants the Court to Make an Order about Custody, Access, or Child Support

You may be wondering what law applies to you. We recommend you always get legal advice.

 

What law applies?

If you are a grandparent, stepparent, or another third party who wants the court to make an order about custody, access, or child support the following laws may apply:

• Maintenance and Custody Act: Use this act if you are asking for an order relating to custody, access, or child support. If you are asking for an order relating to custody or access and you are not a biological or adoptive parent you must first ask permission of the court, or get "leave of the court," before applying. Refer also to the regulations under the act (for example, the Child Maintenance Guidelines).
• Child Maintenance Guidelines: These regulations apply under the Maintenance and Custody Act when you are asking the court for an order relating to child support. The Child Maintenance Guidelines set out the rules used to calculate how much child support people will have to pay. For information on how to determine child support under the Child Maintenance Guidelines, click here.
• Family Maintenance Regulations: These regulations apply under the Maintenance and Custody Act when you are making a Family Court application in areas other than Halifax Regional Municipality and Cape Breton.
• Interjurisdictional Support Orders Act: If the other party lives outside of Nova Scotia, use this act if you are asking for an order relating to support.

Other legislation may apply. We recommend you get legal advice.

For more information about family law legislation and regulations, click here.

 

What court do you use?

If you live in Halifax Regional Municipality or Cape Breton, you will go to the Supreme Court Family Division. This court is sometimes referred to as "Family Division."

If you live outside of Halifax Regional Municipality or Cape Breton, you will go to the Family Court.