Uncontested Divorce in Nova Scotia: The Form 59.46 Guide (2026)

Q: What is an uncontested or simple divorce in Nova Scotia?

An uncontested divorce in Nova Scotia is one where the spouses are not asking the court to resolve a dispute at trial. Uncontested files are commonly completed by using the correct filing route (Joint Application, Form 59.46, or sole Petition, Form 59.09), providing sworn evidence (FD12), and filing required supporting forms (such as FD1 and child related forms when children are involved) so a judge can sign the Divorce Order (Form 59.48A).

Q: What is the Parenting Statement (FD2A) and why does it matter?

Form FD2A is a separate Parenting Statement required from each spouse when there are children of the marriage under 19. It matters because it's expected as a standalone form filed with your initial application, not a paragraph inside your affidavit.

Q: Do I really need the long form proof of marriage?

Many Nova Scotia filings require the Registration of Marriage (long form) rather than a wallet size certificate. If you are not sure what you have, confirm before filing so you do not lose weeks to a registry rejection.

Q: Do I need to file a motion if nobody is fighting?

It depends on your route. On a Joint Application (Form 59.46), no — you and your spouse have already consented from the start, so once your forms are complete the file goes straight to a judge. On a sole Petition (Form 59.09), yes — even if your spouse never files an Answer, the court won't automatically pick up the file. You need to file the Uncontested Motion for Divorce (Form 59.44) to formally ask for judicial review without a trial.

Q: What final document ends the marriage?

The judge signs a Divorce Order (Form 59.48A). If parenting or support terms are included as part of the court outcome, the court may also issue a Corollary Relief Order (Form 59.48B).

Uncontested / Simple Divorce in Nova Scotia: A Plain English Guide to Form 59.46 and the Uncontested Motion (59.44)

If you and your spouse agree your marriage is over and you want to avoid a long, expensive court fight, an uncontested divorce in Nova Scotia can be the most straightforward path. The key is using the Supreme Court of Nova Scotia terminology and forms that the registry and judge expect.

Here is the main “insider” takeaway for Nova Scotia DIY filers: the most cooperative route is the Joint Application for Divorce (Form 59.46), because both spouses apply together, so it skips service of process entirely. It also skips a step that trips people up on the other route: because you’re both consenting from the start, your file goes straight to a judge for review once your forms are complete — you don’t need to file a separate Uncontested Motion for Divorce (Form 59.44). That motion belongs to the sole filing (Petition, Form 59.09) route, where it’s the formal step that converts an unanswered petition into a file the court can decide without a trial. Knowing which route needs which form is what keeps a DIY filing from bouncing back at the registry.

TL;DR

Short version: an uncontested divorce in Nova Scotia is fastest and cheapest through the Joint Application for Divorce Form 59.46, which both spouses file together, skipping service and skipping the extra motion. If you file alone with a Petition instead, you’ll still need the Uncontested Motion for Divorce Nova Scotia courts require (Form 59.44) once the response period passes without an Answer. Either way, you’ll swear the Affidavit Supporting Uncontested Divorce FD12, and every form mentioned in this guide is available as a free Nova Scotia divorce forms PDF from courts.ns.ca or nsfamilylaw.ca.

Cheapest, fastest route: Joint Application for Divorce (Form 59.46) — no service, no separate motion.
Filing alone: Petition for Divorce (Form 59.09), then serve your spouse, then file the Uncontested Motion for Divorce (Form 59.44).
Core sworn evidence: Affidavit Supporting an Uncontested Divorce (Form FD12).
Children involved: add the Parenting Statement (Form FD2A).
Typical cost: roughly $218–$292 in court fees, plus extras like service or notary fees.

1. What is an uncontested or “simple” divorce in Nova Scotia?

Divorce in Canada is governed by the federal Divorce Act, but the process and forms are handled provincially. In Nova Scotia, divorces are granted by the Supreme Court of Nova Scotia.

An uncontested divorce generally means:

the spouses agree the marriage has broken down (most commonly after one year of separation),
no one is asking the judge to hold a trial to resolve disputes, and
parenting, child support, spousal support, and property and debt issues are already settled (often in an agreement) or are not being fought in court.

People often say “simple divorce” to describe this kind of cooperative, paperwork based case. But the court will not grant a divorce just because you both agree. You still must file the correct Nova Scotia forms, provide sworn evidence, and follow the steps so a judge can sign the final Divorce Order (Form 59.48A).

Nova Scotia actually offers three ways to start a divorce: a Petition for Divorce (Form 59.09) filed by one spouse and served on the other; a Joint Application for Divorce (Form 59.46) filed together by both spouses; and an Application for Divorce by Written Agreement, where one spouse files but both sign the supporting documents. This guide focuses on the two most common uncontested routes — Joint Application and sole Petition — since those cover the large majority of DIY filers.

Download Our Nova Scotia Uncontested Divorce (Dissolution) Self-Help Kit

2. Who qualifies for an uncontested divorce in Nova Scotia?

Residency requirement

Typically, either you or your spouse must have lived in Nova Scotia for at least one year immediately before starting the divorce case.

Grounds for divorce

Canada has one legal basis for divorce: breakdown of the marriage. Most uncontested cases rely on one year separation because it is the simplest to prove in a paperwork driven process. For a Joint Application specifically, the one year of separation has to have already run its course — you cannot file jointly in anticipation of reaching the one-year mark.

When your case is a good fit for uncontested

You are legally married and can provide proof (marriage certificate).
You meet the Nova Scotia residency rule.
You have been separated long enough (or will be by the time the judge signs).
You and your spouse agree on the major issues (or have them addressed in an agreement or order).
You can prepare consistent, complete paperwork (this is where many DIY delays happen).

If there is family violence, coercion, hidden assets, serious parenting conflict, or complex finances (businesses, multiple properties, large pensions), it is smart to get legal advice before relying on a DIY uncontested approach.

3. The key Nova Scotia forms people ask about

Nova Scotia divorce paperwork uses rule based form numbers. These are the local “authority signals” that help DIY filers stay aligned with what the registry expects:

Joint Application for Divorce (Form 59.46): the cooperative filing that skips service of process and, because both spouses consent from the outset, goes directly to judicial review without a separate uncontested motion.
Petition for Divorce (Form 59.09): the starting form when filing alone (sole filing). This route requires service on your spouse.
Uncontested Motion for Divorce (Form 59.44): filed only on the Petition route, after your spouse has been served and the response period has passed without an Answer. It’s the procedural request that tells the court the file is ready for a judge’s review without a trial.
Affidavit Supporting an Uncontested Divorce (Form FD12): your sworn evidence supporting the divorce. There’s a version for joint applicants and a version for petitioners.
Parenting Statement (Form FD2A): required whenever there are children of the marriage under 19. It’s filed with your initial application, separate from your affidavit.
Statement of Contact Information and Circumstances (Form FD1): a required form where you list contact and service information.
Personal Representation Form: required from each self-represented spouse (i.e., anyone filing without a lawyer) on both the Joint Application and Petition routes.
Waiver of Financial Statements (Form FD11): optional; only available if there are no children of the marriage.
Divorce Order (Form 59.48A): the final order signed by the judge granting the divorce.
Corollary Relief Order (Form 59.48B): used if the court order includes parenting, child support, spousal support, or other corollary terms. Some registries require both spouses to sign it as a consent order.

Nova Scotia forms checklist (plain text): Every uncontested case uses either Form 59.46 or Form 59.09 (depending on your filing route), plus FD1, FD12, and a Personal Representation Form for each self-represented spouse. If you have children, add FD2A. At the end, every case files Form 59.48A (and often 59.48B) — but only the Petition route also files Form 59.44 along the way.

Note: Your exact form stack depends on whether you file jointly or alone, whether there are children, and what you want included in the final order. Always use the current Nova Scotia court forms and instructions.

4. Step by step: Joint vs. Sole uncontested divorce process

Below is a plain English overview. Always follow the latest court instructions for your exact situation.

Nova Scotia process flow (plain text): You generally have two starting paths: Joint Application (Form 59.46) (you file together and go straight to judicial review once your forms are complete) or Sole Petition (Form 59.09) (one spouse files, then must serve the other and file proof of service). On the Petition route, once the response period passes without an Answer, you file the Uncontested Motion (Form 59.44) with your supporting documents so the court can review the paperwork and issue the divorce order.

Before you file: two common rejection traps

Proof of marriage: the registry often requires the Registration of Marriage (long form) rather than a wallet size certificate. If you do not have the right proof, order it before you file.
If you have children: do not assume your affidavit is enough. Children trigger the Parenting Statement (FD2A) and additional required disclosure.

Route A: Joint Application for Divorce (Form 59.46)

Step 1: Confirm eligibility (residency, separation already completed, agreement on all issues).
Step 2: Prepare and file the Joint Application for Divorce (Form 59.46) with proof of marriage.
Step 3: File required supporting forms: Form FD1, your sworn Form FD12 affidavit (signed by both spouses, with any agreement attached), and a Personal Representation Form for each spouse if you don’t have a lawyer.
Step 4 (children): If children are involved, include the required Form FD2A Parenting Statement and child support disclosure. If there are no children, you can instead file a Form FD11 waiver of financial statements.
Step 5: Once your file is complete, it goes to a judge for review — no separate motion is required on this route.
Step 6: If satisfied, the judge signs the Divorce Order (Form 59.48A) (and, if needed, a Form 59.48B order for corollary relief).

Route B: Sole filing: Petition for Divorce (Form 59.09) + service + uncontested motion

If you file alone, you typically start with a Petition for Divorce (Form 59.09). In many DIY cases, this is where people get stuck: service must be done correctly, timelines must be respected, and the filing fee is higher than the joint route.

Step 1: Prepare and file the Petition for Divorce (Form 59.09) with proof of marriage.
Step 2: File required supporting forms, including Form FD1 and, if children are involved, Form FD2A.
Step 3: Serve your spouse properly and file proof of service.
Step 4: If your spouse doesn’t file an Answer within the response period, the matter is uncontested. Prepare your sworn Form FD12 affidavit and a Personal Representation Form if you don’t have a lawyer.
Step 5: File the Uncontested Motion for Divorce (Form 59.44) — this is the step that requests a judge’s review without a trial, and it’s specific to the Petition route.
Step 6: Judge signs the Divorce Order (Form 59.48A) (and possibly 59.48B for corollary relief).

Practical tip: If you and your spouse can cooperate, the joint path lets you skip both service and the uncontested motion — the two biggest sources of delay for DIY filings.

5. If you have children: the Parenting Statement (FD2A) is a common hard stop

Even in an uncontested divorce, the judge must be satisfied there are reasonable arrangements for child support and that the parenting plan is clear enough to understand what the children’s lives will look like.

Common hard stop: When there are children of the marriage under 19, Nova Scotia requires a standalone Parenting Statement (Form FD2A) from each spouse — separate from your affidavit, and filed with your initial application, not saved for the end. If you submit the affidavit but omit the Parenting Statement, the registry may refuse the file or require corrections before a judge will review it.

Parenting: where the children live, schedule, and how major decisions are made.
Child support: amounts that generally align with the Child Support Guidelines, with a clear explanation for any unusual arrangement.
Where to put what: parenting details belong in FD2A, while the core divorce evidence and timelines are covered in FD12.

If child support looks missing or unreasonably low without a clear explanation, a judge can delay granting the divorce until the issue is addressed.

6. How long does an uncontested divorce take in Nova Scotia?

Planning an uncontested divorce in Nova Scotia means budgeting for three timeline pieces:

Separation period: most cases rely on one year separation, and for a Joint Application that year must already be complete before you file.
Court processing: varies by court workload and whether your forms are complete (missing child related forms or missing proof of marriage can cause delays).
31 day appeal period: after the Divorce Order (59.48A) is signed, the divorce generally becomes effective after the standard appeal period, assuming no appeal is filed.

In practice, the fastest uncontested files are Joint Applications (59.46) with clean, consistent evidence — they avoid both the service step and the uncontested motion step that sole Petitions require.

7. What does an uncontested divorce cost in Nova Scotia?

Court fees are set under Nova Scotia’s Costs and Fees Act and are reviewed periodically, so treat the numbers below as a planning estimate rather than the exact amount you’ll pay at the counter.

Item	Fee (Approx.)
Joint Application for Divorce (by agreement)	$218.05
Petition for Divorce	$291.55 (includes the federal $10 Central Registry of Divorce Proceedings fee), plus law stamp ($25 + HST) where applicable
Uncontested Motion for Divorce (Petition route only)	$66.00

Money saving tip: Joint filing is usually cheaper than the petition route overall, since it avoids both the law stamp charge and the separate uncontested motion fee.

Other common costs can include service fees in sole cases (process server), commissioner or notary fees for swearing affidavits, printing and courier costs, and ordering the correct long form proof of marriage if you do not already have it. Nova Scotia also offers a fee waiver for applicants who meet income eligibility requirements — worth checking before you assume you can’t afford to file.

Before you pay: confirm the current fee amounts directly with the Supreme Court (Family Division) registry or courts.ns.ca, since fee schedules are updated from time to time.

8. When a DIY divorce might not be right for you

A DIY uncontested divorce in Nova Scotia is usually not a good idea if there is family violence, intimidation, serious power imbalance, hidden assets, complex pensions or property, or major parenting conflict. A low cost divorce is not worth it if you are giving up safety or long term financial stability.

9. Where a self-help divorce kit fits into the process

If your case is truly uncontested and you are comfortable with paperwork, a Nova Scotia specific kit can help you stay organized and avoid common DIY problems: missing supporting forms, using the wrong proof of marriage, and filing (or skipping) the uncontested motion incorrectly for your route.

A strong Nova Scotia kit is designed to help you:

choose the right path: Joint Application (59.46) vs Petition (59.09),
include required supporting forms such as Form FD1 and the Personal Representation Form,
prepare sworn evidence properly (FD12),
avoid child related delays (FD2A when children are involved), and
know when the Uncontested Motion for Divorce (59.44) applies — and when your route skips it entirely.

Download Our Nova Scotia Uncontested Divorce (Dissolution) Self-Help Kit

PlainDivorce is not a law firm. A kit is an information and organization tool, not legal advice, and you must still follow current court forms and official instructions.

10. FAQ

What is an uncontested or simple divorce in Nova Scotia?

An uncontested divorce in Nova Scotia is one where the spouses are not asking the court to resolve a dispute at trial. In Nova Scotia, uncontested files are commonly completed by using the correct filing route (Joint Application, Form 59.46, or sole Petition, Form 59.09), providing sworn evidence (FD12), and filing required supporting forms (such as FD1 and child related forms when children are involved) so a judge can sign the Divorce Order (Form 59.48A).

What is the Parenting Statement (FD2A) and why does it matter?

Form FD2A is a separate Parenting Statement required from each spouse when there are children of the marriage under 19. It matters because it’s expected as a standalone form filed with your initial application, not a paragraph inside your affidavit.

Do I really need the long form proof of marriage?

Many Nova Scotia filings require the Registration of Marriage (long form) rather than a wallet size certificate. If you are not sure what you have, confirm before filing so you do not lose weeks to a registry rejection.

Do I need to file a motion if nobody is fighting?

It depends on your route. On a Joint Application (Form 59.46), no — you and your spouse have already consented from the start, so once your forms are complete the file goes straight to a judge. On a sole Petition (Form 59.09), yes — even if your spouse never files an Answer, the court won’t automatically pick up the file. You need to file the Uncontested Motion for Divorce (Form 59.44) to formally ask for judicial review without a trial.

What final document ends the marriage?

The judge signs a Divorce Order (Form 59.48A). If parenting or support terms are included as part of the court outcome, the court may also issue a Corollary Relief Order (Form 59.48B).

11. Final thoughts and next steps

If you want the smoothest uncontested divorce in Nova Scotia, focus on the four registry reality items that match how the court actually works:

Use the cooperative path where possible: Joint Application for Divorce (59.46) — cheaper than a petition and skips both service and the uncontested motion.
Bring the correct proof of marriage: Registration of Marriage (long form), not the wallet card.
If children are involved, file the Parenting Statement (FD2A) with your initial application, not as an afterthought.
If you’re filing a sole Petition (59.09), don’t forget the procedural trigger once the response period passes: the Uncontested Motion for Divorce (59.44).

Final reminder: this guide is legal information only, not legal advice. If anything about your situation feels unsafe, unfair, or unusually complex, talk to a Nova Scotia family lawyer or legal clinic before you file.

Guide to Uncontested Divorce in Nova Scotia