Family Law Act

(1) In this Act,

"clerk of the court" means,

"cohabit" means to live together in a conjugal relationship, whether within or outside marriage; (cohabiter)

"court" means the Supreme Court or the Territorial Court; (tribunal)

"domestic contract" means a domestic contract as defined in Part I; (contrat familial)

"spouse" means a person who

(2) In the definition of "spouse", a reference to marriage includes a marriage that is actually or potentially polygamous, if it was celebrated in a jurisdiction whose system of law recognizes it as valid. SNWT 2002,c.6,s.2(2).

(1) Persons who are married to each other or intend to marry may enter into an agreement in which they agree on their respective rights and obligations under the marriage or on separation, on the annulment or dissolution of the marriage or on death, including,

(2) A provision in a marriage contract purporting to limit a spouse's right to custody of, access to and guardianship of the estates of their children is unenforceable.

(1) Persons who are cohabiting or intend to cohabit may enter into an agreement in which they agree on their respective rights and obligations during cohabitation, or on ceasing to cohabit or on death, including

(2) Where the parties to a cohabitation agreement marry each other, the cohabitation agreement shall be deemed to be a marriage contract.

(3) A provision in a cohabitation agreement purporting to limit a spouse's right to custody of, access to and guardianship of the estates of their children is unenforceable.

(1) A domestic contract, including an agreement to amend or rescind a domestic contract, is unenforceable unless it is made in writing, signed by the parties and witnessed.

(2) A minor has capacity to enter into a domestic contract, subject to the approval of a court, which may be given before or after the minor enters into the contract.

(1) In the determination of a matter respecting the support, education, moral training or custody of a child, access to a child or guardianship of the estate of a child, the court may disregard any provision in a domestic contract pertaining to the matter where, in the opinion of the court, it is in the best interests of the child to do so.

(2) A provision in a domestic contract to take effect on separation providing that any right of a party is dependent on remaining chaste is unenforceable, but this subsection shall not be construed to affect a contingency on marriage or cohabitation with another.

(3) A provision in a domestic contract made before the coming into force of this section providing that any right of a party is dependent on remaining chaste shall be given effect as a contingency on marriage or cohabitation with another.

(4) A court may, on application, set aside a domestic contract or a provision in it

(5) Subsection (4) applies notwithstanding any agreement to the contrary.

(1) An agreement or contract that is validly made and enforceable before the coming into force of this section shall be deemed to be a domestic contract for the purpose of this Act to the extent that it relates to any matter that is provided for in this Act.

(2) Where an agreement or contract that relates to any matter that is provided for in this Act is entered into before the day on which this section comes into force and,

it is not invalid for the reason only that it was entered into before that day.

(3) If property is transferred, under an agreement or understanding reached before the day this section comes into force, between spouses who are living separate and apart, the transfer is effective as if made under a domestic contract.

(1) In this Part,

"dependent parent", in relation to a particular child, means a parent of the child to whom the child has an obligation to provide support under this Part; (père ou mère à charge)

"parent", in relation to a particular child, includes a person who stood in the place of a parent, except under an arrangement where the child was placed for valuable consideration in a foster home by a person having lawful custody. (père ou mère)

(2) For the purposes of this Part, the breakdown of a spousal relationship is deemed to have occurred if the spouses are living separate and apart at the time an application is brought for an order for support under section 16 and immediately preceding the determination of the application.

(1) During a spousal relationship, a spouse has an obligation to provide support for himself or herself and for the other spouse, in accordance with need, to the extent that he or she is capable of doing so.

(2) On the breakdown of a spousal relationship, the economic advantages and disadvantages arising from the spousal relationship should be equitably shared between the spouses and a spouse has an obligation to provide support for himself or herself and for the other spouse in accordance with this principle, to the extent that he or she is capable of doing so.

(1) A court may, on application, order a person to provide support for his or her spouse and determine the amount and duration of such support.

(2) An application for an order for the support of a spouse may be made by

(3) An application for an order for the support of a spouse may be made

(4) An order for support on the breakdown of the spousal relationship should

(5) In determining the amount and duration of support in relation to the objectives set out in subsection (4), the court shall consider all the circumstances of the parties, including

(6) In determining the amount and duration of support in relation to the objectives set out in subsection (4), the court shall not consider the economic consequences of any new spousal relationship entered into with a third person by either spouse after they ceased to cohabit, unless the court is of the opinion that it would be unconscionable not to do so.

(7) Where a spouse suffers economic hardship arising from the breakdown of the spousal relationship that is not adequately relieved by orders made under Parts III and IV and that would not be adequately relieved by an order for support made solely on the basis of the objectives referred to in subsection (4), an order for support should also

(8) In determining the amount and duration of support in relation to the objectives set out in subsection (7), the court shall consider all the circumstances of the parties, including

(9) The duration of support determined in relation to the objectives set out in subsection (7) may not be for an indefinite period, but only for such limited period as the court considers appropriate.

(10) The obligations to provide support for a spouse under section 15 exist without regard to the conduct of either spouse, but the court may in determining the amount of support have regard to a course of conduct that is so unconscionable as to constitute an obvious and gross repudiation of the relationship.

(1) A child who has attained the age of majority has an obligation to provide support, in accordance with need, for his or her parent to the extent that the child is capable of doing so, where the parent

(2) This section does not impose an obligation on a child who has attained the age of majority to provide support for his or her parent where the child is unable to do so out of his or her own property or by means of his or her labour.

(1) A court may, on application, order a child who has attained the age of majority to provide support for any of his or her dependent parents and determine the amount and duration of such support.

(2) An application for an order for the support of a dependent parent may be made by the dependent parent.

(3) In determining the amount and duration of support in relation to need, the court shall consider all the circumstances of the parties, including

(1) In an application under subsection 16(1) or 18(1), the court may make an order

(2) The Territorial Court may not make an order under paragraph (1)(b), (c), (g), (h), (i) or (j).

(3) An order for support made under subsection 16(1) may be assigned to the Minister responsible for the Social Assistance Act where assistance is or will be provided to the spouse under that Act.

(4) In an order made under paragraph (1)(a), the court may

(5) Where the court requires that an amount payable be increased annually, if the court does not otherwise specify,

(1) Subject to subsections (2) and (3), where an action for divorce is commenced under the Divorce Act, any application for support under this Part that is brought by or on behalf of a party to the action and that has not been adjudicated is stayed.

(2) The Supreme Court may grant leave for the application under this Act referred to in subsection (1) to be continued separately from the action for divorce.

(3) Where an order of support has been made under this Part before the commencement of an action for divorce under the Divorce Act, the Supreme Court may determine the amount of arrears owing under the order and make an order respecting that amount at the same time as it makes an order under the Divorce Act.

(4) Where a marriage is terminated by divorce or judgment of nullity and the question of support is not adjudicated in the divorce or nullity proceedings, an order for support made under this Part continues in force according to its terms.

(1) The following persons may apply to the court that made an order under this Part for variation of the order:

(2) Where the court is satisfied that evidence not available on the previous hearing has become available or that there has been a material change in the circumstances of the spouse, dependent parent or respondent or of a person who has an obligation under section 17 to provide support to the dependent parent, the court may

(3) No application for variation may be made within six months after the making of the order for support or the disposition of another application for variation in respect of the same order, except by leave of the court.

(1) Where an order made under this Part does not require that the amount payable under the order be increased annually under subsection 21(4), the following persons may apply to the court that made the order to have the amount payable increased annually in accordance with this section:

(2) The court shall, unless the respondent shows that his or her income, assets and means have not increased sufficiently to permit the increase, order that the amount payable be

(3) Where the court does not specify the indexing factor in an order under this section, the indexing factor shall be deemed to be the percentage change in the Consumer Price Index for Canada for prices of all items between that month preceding the month in which the order was made and the same month in the immediately preceding year, as published by Statistics Canada.

(1) In an application under section 16, 18 or 23, the court may order the employer of a party to the application to make a written return to the court showing the party’s wages or other remuneration during the preceding 12 months.

(2) A return purporting to be signed by an employer is admissible in evidence without proof of the signature of the employer and, in the absence of evidence to the contrary, is proof of its contents.

(3) Where, on application brought by notice of motion, it appears to the court that, for the purpose of bringing an application under section 16, 18 or 23, the proposed applicant needs to determine or confirm the whereabouts of the proposed respondent, the court may order any person or public body in the Territories to provide the court with any information shown on a record in the possession or control of the person or public body that indicates the proposed respondent’s place of employment, address or location.

(3.1) Subsection (3) does not apply in respect of

(3.2) Where a court makes an order under subsection (3), it may make any order with respect to the confidentiality to be maintained in connection with the information provided pursuant to that order that it considers appropriate.

(4) A person or public body ordered to make a written return or to provide information to the court under this section shall do so forthwith and the court may then give the return or information to such person or persons as the court considers appropriate.

(5) The making of a written return or the giving of information in accordance with an order under this section shall be deemed for all purposes not to be a contravention of any Act or regulation or any common law rule of confidentiality.

(6) This section binds the Government of the Northwest Territories.

(1) During cohabitation, a spouse has authority to render himself or herself and his or her spouse jointly and severally liable to a third party for necessities of life, unless his or her spouse has notified the third party that he or she has withdrawn the authority.

(2) Where persons are jointly and severally liable under this section, their liability to each other shall be determined in accordance with their obligation to provide support.

(3) This section applies in place of the rules of common law by which a wife may pledge her husband’s credit.

(1) No proceeding for an order for the support of a spouse may be brought under this Part more than two years after the day the spouses separate.

(2) Where the spouses provided for support on separation in a domestic contract, subsection (1) does not apply, but no proceeding for an order for the support of a spouse may be brought after default under the domestic contract has subsisted for two years.

(1) Subject to subsections (2) and (3), the net family property of a spouse is calculated by valuing all property that the spouse owns on the valuation date and deducting from that amount

(2) Where a spouse owns property in the following categories on the valuation date, the value of the property on that date and on the commencement date, if it was owned by the spouse on the commencement date, is not included in the calculation of the spouse’s net family property:

(3) The value of a spouse’s debts and other liabilities that are related to property described in subsection (2) is not included in the calculation of the spouse’s net family property.

(4) The onus of proving a deduction under subsection (1) or an exclusion under subsection (2) or (3) is on the person claiming it.

(5) Where this section requires that a value be calculated as of a given date, it shall be calculated on that date,

(1) When a divorce is granted or a marriage is declared a nullity, or when the spouses are separated and there is no reasonable prospect that they will resume cohabitation, the spouse whose net family property is the lesser of the two net family properties is entitled to an amount equal to one-half the difference in value between them.

(2) Where, on the death of a spouse, the net family property of the deceased spouse exceeds the net family property of the surviving spouse, the surviving spouse is entitled to an amount equal to one-half the difference in value between them.

(3) Where the spouses are cohabiting and there is a serious danger that one spouse may improvidently deplete his or her net family property, the other spouse may, on an application under section 38, have the difference in value between their net family properties divided and the entitlement to that amount determined by the court as if the spouses were separated and there were no reasonable prospect that they would resume cohabitation.

(4) After the court has made an order for division based on subsection (3) neither spouse may make a further application under section 38 in respect of their spousal relationship.

(5) Subsection (4) applies even though the spouses continue to cohabit, unless a domestic contract between the spouses provides otherwise.

(6) The court may, on an application under section 38, vary the amount of a spouse’s entitlement under this section or, in the circumstances described in subsections (1) and (3), award an amount as an entitlement to a spouse whose net family property is equal to or greater than the net family property of the other spouse, where the court is of the opinion that it would be unconscionable not to do so, having regard to

(2) or (3) is disproportionately large in relation to the duration of the spousal relationship;

(7) The purpose of this section is to recognize that child care, household management and financial provision are the joint responsibilities of the spouses and that inherent in the spousal relationship there is equal contribution, whether financial or otherwise, by the spouses to the assumption of these responsibilities, entitling each spouse to the equalization of the net family properties, subject only to the variation of this entitlement, or to the award of a different entitlement, by the court under subsection (6).

(1) Where a spouse dies leaving a will, the surviving spouse shall elect to take under the will or to receive the entitlement under section 36.

(2) Where a spouse dies intestate, the surviving spouse shall elect to receive the entitlement under the Intestate Succession Act or to receive the entitlement under section 36.

(2.1) A surviving spouse who does not have a right to a share of the estate under the Intestate Succession Act need not make an election under subsection (2), and shall be deemed to have elected to receive the entitlement under section 36.

(3) Where a spouse dies testate as to some property and intestate as to other property, the surviving spouse shall elect

(4) A surviving spouse who elects any of the following shall also receive the other property to which he or she is entitled because of the deceased spouse’s death:

(1) or paragraph (3)(b);

(5) Where a surviving spouse elects to receive the entitlement under section 36, the gifts made to him or her in the deceased spouse’s will are revoked and the will shall be interpreted as if the surviving spouse had died before the other, unless the will expressly provides that the gifts are in addition to the entitlement under section 36.

(6) Where a surviving spouse elects to receive the entitlement under section 36, the spouse shall be deemed to have disclaimed the entitlement under the Intestate Succession Act.

(7) The surviving spouse’s election shall be in the prescribed form and shall be filed with the clerk of the court within six months after the day on which probate is, or letters of administration are, granted in respect of the deceased spouse’s estate.

(8) Subject to subsection (2.1), a surviving spouse shall be deemed to have elected to take under the will or to receive the entitlement under the Intestate Succession Act, or both in the case of a partial intestacy, where he or she

(9) The spouse’s entitlement under section 36 has priority over

(10) The spouse’s entitlement under section 36

(11) No distribution shall be made in the administration of a deceased spouse’s estate within six months after the day on which probate is, or letters of administration are, granted unless

(12) No distribution shall be made in the administration of a deceased spouse’s estate after the personal representative has received notice of an application under this Part unless

(13) Subsections (11) and (12) do not prohibit reasonable advances to dependants, as defined in the Dependants Relief Act, of the deceased spouse for their support.

(14) Where the court extends the time for a spouse’s application under section 38 in respect of an entitlement under subsection 36(2), any property of the deceased spouse that is distributed before the date of the order and without notice of the application shall not be brought into the calculation of the deceased spouse’s net family property.

(15) Where

the personal representative is personally liable to the applicant for the amount that was distributed or the amount that is required to satisfy the order, whichever is less.

(16) On application by the surviving spouse, the court may make an order suspending the administration of the deceased spouse’s estate for the time and to the extent that the court decides.

(17) Where a deceased person had more than one spousal relationship and more than one former or surviving spouse of the deceased person has

the court may, on the application of a surviving spouse, former spouse or the personal representative of a deceased spouse, make any order or give any direction in respect of an election under section 37 that the court considers fair and equitable. SNWT 2002, c.6,s.2(3),(4),(5),(6); SNWT 2002,c.20,s4(2).

(1) The court may, on the application of a spouse, surviving spouse, a former spouse or the personal representative of a deceased spouse, determine any matter respecting a spouse’s entitlement under section

(2) Entitlement under subsections 36(1), (2), (3) and (6) is personal as between the spouses except that

(3) or (6) that is commenced before a spouse’s death may be continued by or against the deceased spouse’s estate; and

(3) An application based on subsection 36(1), (2) or (6) may not be brought after the earliest of

SNWT 2002,c.20,s.4(3).

(4) Repealed, SNWT 2002,c.20,s.4(3).

(1) In an application under section 38, the court

(2) The court may, at the time of making an order under subsection (1) or on application at a later time, order that the spouse who has the obligation to make payments shall

(3) Where the court is satisfied that there has been a material change in the circumstances of the spouse who has the obligation to make instalment or delayed payments, the court may, on application, vary the order, but shall not vary the amount to which the court found the spouse to be entitled under this Part.

(4) Subsection (3) and section 66 do not permit the postponement of payment beyond the 10 year period mentioned in subparagraph (1)(a)(iii). SNWT 2002,c.20,s.4(4).

(1) A person may apply to the court for the determination of a question between that person and his or her spouse or former spouse as to the ownership or right to possession of particular property, other than a question arising out of an equalization of net family properties under section 36, and the court may

(2) An application under subsection (1) may be made by or against or may be continued by or against the estate of a deceased spouse.

(1) An order made under section 40 or 41 shall not be made so as to require or result in the sale of an operating business or so as to seriously impair its operation, unless there is no reasonable alternative method of satisfying the award.

(2) For the purposes of subsection (1), the court may

(1) In an application under section 38, where the court is satisfied that

the court may do one or more of the following:

(2) An order may not be made under subsection (1) unless the party making the application under section 38 has served the donee or transferee with a notice of the application that includes any allegation or claim that affects the donee or transferee.

(3) A donee or transferee who is served with a notice under this section is deemed to be a party to the application under section 38 as a respondent with respect to any allegation or claim that affects the donee or transferee.

(1) Subject to subsections (2) and (3), the rule of law applying a presumption of a resulting trust shall be applied in questions of the ownership of property between spouses who are married as if they were not married.

(2) Where property is held in the name of married or unmarried spouses as joint tenants, it is proof, in the absence of evidence to the contrary, that the spouses are intended to own the property as joint tenants.

(3) For the purposes of subsection (2), money on deposit in the name of both spouses shall be deemed to be held in the name of the spouses as joint tenants.

(4) Subsections (1) to (3) apply whether the event giving rise to their application occurred before, on or after the day on which this section comes into force.

(1) This Part applies to family homes that are situated in the Territories.

(2) This Part applies

(3) This part binds

SNWT 2023,c.8,s.11.

(1) Every

that is, or if the spouses have separated, was at the time of separation, ordinarily occupied by the person and his or her spouse as their family residence is their family home.

(2) The ownership of a share or shares, or of an interest in a share or shares, of a corporation entitling the owner to occupy a housing unit owned by the corporation shall be deemed to be an interest in the unit for the purposes of subsection (1).

(3) Where property that includes a family home is normally used for a purpose other than its use as a residence, the family home is only the part of the property that may reasonably be regarded as necessary to the use and enjoyment of the residence.

(1) Both spouses have an equal right to possession of a family home.

(2) Where only one of the spouses has an interest in a family home, the other spouse’s right of possession is personal as against the spouse who has the interest and ends,

(1) No spouse may dispose of or encumber an interest in a family home unless

(2) Where a spouse disposes of or encumbers an interest in a family home in contravention of subsection (1), the transaction may be set aside on an application under section 54, unless the person holding the interest or encumbrance at the time of the application acquired it for value, in good faith and without notice, at the time of acquiring it or making an agreement to acquire it, that the property was a family home.

(3) For the purpose of subsection (2), a statement by the person making the disposition or encumbrance or by a person referred to in subsection (4),

shall, unless the person to whom the disposition or encumbrance is made had notice to the contrary, be deemed to be sufficient proof that the property is not a family home.

(4) Where the disposition or encumbrance is made under a power of attorney, the statement referred to in subsection (3) may be made by the attorney of the person making the disposition or encumbrance, on the basis of the attorney’s personal knowledge.

(5) This section does not apply to the acquisition of an interest in property by operation of law.

(6) This section does not apply in respect of an interest in a family home that is a right to occupy a rental premises under a tenancy agreement.

(1) Regardless of the ownership of a family home and its contents, and notwithstanding section 51, the court may, on application,

(1.1) Where only one of the spouses has an interest in a family home and that interest is a right to occupy a rental premises under a tenancy agreement, a direction made by the court under paragraph (1)(b) giving exclusive possession of the family home to the spouse who is not a party to the tenancy agreement may not be for a period exceeding 90 days without the consent of the landlord, and during the period that the court directs, the spouse shall be deemed to be a tenant under the tenancy agreement and the landlord shall continue to have the rights granted under the Residential Tenancies Act.

(2) The court may, on application, make a temporary order under paragraph (1)(a), (b), (c), (d) or (e).

(3) In determining whether to make an order for exclusive possession, the court shall consider all the circumstances of the parties, including

(4) A person who contravenes an order for exclusive possession is guilty of an offence and liable on summary conviction

(5) A peace officer may arrest without warrant a person the peace officer believes on reasonable grounds to have contravened an order for exclusive possession.

(1) On the application of a person named in an order made under paragraph 55(1)(a), (b), (c), (d) or (e) or his or her personal representative, where the court is satisfied that there has been a material change in circumstances, the court may discharge, vary or suspend the order.

(2) On the application of a person who is subject to an order containing conditions imposed under paragraph 54(b) or (c) or 55(1)(g) or his or her personal representative, where the court is satisfied that the conditions are no longer appropriate, the court may discharge, vary or suspend them.

(1) On an application under this Act, the court may appoint a person selected by the parties to mediate any matter that the court specifies.

(2) The court may only appoint a person who

(3) The mediator shall confer with the parties, and with the children if the mediator considers it appropriate to do so, and shall endeavour to obtain an agreement between the parties.

(4) Before entering into mediation, the parties shall decide whether

(5) The mediator shall file with the clerk of the court a full or limited report, as the parties have decided, and shall give a copy to each of the parties.

(5.1) On the filing of a report, the clerk of the court shall put it in a sealed packet or shall otherwise ensure that it is not available or made available to anyone other than the parties or the court for inspection, review or copying, unless otherwise ordered by the court.

(6) Where the parties have decided that the mediator is to file a limited report, no evidence of anything said or of any admission or communication made in the course of the mediation is admissible in any proceeding, except with the consent of all parties to the proceeding in which the mediator was appointed.

(7) The court shall require the parties to pay the mediator’s fees and expenses and shall specify in the order the proportions or amounts of the fees and expenses that each party is required to pay.

(1) On application, a court may

(2) The Territorial Court may make an order under subsection (1) only if an application has been made to the Territorial Court for support for a spouse.

(3) Every person who contravenes a restraining order made under subsection (1) is guilty of an offence and is liable on summary conviction,

(4) A peace officer may arrest without warrant a person the peace officer believes on reasonable grounds to have contravened a restraining order.

(1) In addition to its powers in respect of contempt, the Territorial Court may punish a person for any wilful contempt of or resistance to its process or orders under this Act by imposing on the person a fine not exceeding $5,000, a term of imprisonment not exceeding 90 days or both.

(2) An order for imprisonment under subsection (1) may be made conditional on default in the performance of a condition set out in the order and may provide for the imprisonment to be served intermittently.

(1) An order made under this Act that affects real property in respect of which a certificate of title has been issued is registrable under the Land Titles Act.

(2) Where an order made under this Act affects personal property as defined in the Personal Property Security Act, a financing statement disclosing the contents of the order may be registered in the Personal Property Registry established by that Act. SNWT 1999,c.5,Sch.C,s.14.

(1) An application under this Act shall be commenced by originating notice.

(2) An application under this Act may be made in the same proceeding as an application under the Children’s Law Act or in a separate proceeding.

(3) A minor who is a spouse may make an application under this Act without a next friend and may respond without a guardian ad litem.

(1) Where, in an application under this Act, it appears to the court that it is necessary or desirable for the appropriate determination of the matters in issue to have other matters determined first or simultaneously, the court may adjourn the application until such other application is brought or determined as the court considers appropriate.

(2) The court may adjourn an application for support until an application in respect of custody or for support for a child under the Children’s Law Act has been determined.

(1) Where an application has been made to a court under this Act, a party to the application may not make another application under this Act in respect of a matter in issue in the proceeding to another court having jurisdiction under this Act.

(2) Subsection (1) does not apply in respect of an application to the Supreme Court for an order under subsection 22(2) or (3) or section 29.

(3) A court may order that a proceeding be transferred to another court having jurisdiction under this Act where, in the opinion of the court, the other court is more appropriate to determine the matters in issue that should be determined at the same time.

(4) Where a party to an application made under this Act to the Territorial Court advises the Territorial Court that he or she wishes to apply for an order referred to in paragraph 21(1)(b), (c), (g), (h), (i) or (j), the Territorial Court shall order that the proceeding be transferred to the Supreme Court.

(1) In a proceeding under this Act, the court may make such interim order as it considers appropriate.

(2) An application for an interim order shall be made to the court in which the original proceeding was commenced.

(1) Sections 36 to 38 and section 57 do not apply where a spouse dies, leaving a surviving spouse, before November 1, 1998.

(2) A written agreement validly made before the day this subsection comes into force that excludes a spouse’s property from the application of section 27 of the Matrimonial Property Act,

(3) Sections 36 to 38 and 57 do not apply in respect of a person who is a spouse as defined in subsection 1(1), but who was not a spouse as defined in that subsection before the day this subsection comes into force, where a spouse dies, leaving a surviving spouse, before the day this subsection comes into force. SNWT 2002, c.6,s.2(7),(8).