Uncontested / Simple Divorce in Nunavut: A Plain English Guide to the Petition for Divorce (Form 1) + Desk Divorce
If you and your spouse agree your marriage is over and you want to avoid a long, stressful court fight, an uncontested divorce in Nunavut is often the most straightforward way to legally end the marriage.
Here is the most important local correction (and the #1 way DIY filers get rejected): in Nunavut, you start a divorce with a Petition for Divorce (Form 1), not an old “Statement of Claim (Form 142).” The Nunavut Court of Justice publishes the current divorce form set, and Form 1 is the initiating document you should build your file around.
Another Nunavut specific advantage is the Desk Divorce reality: if your case is truly uncontested, a judge can often decide it based on affidavit evidence (paperwork). In a territory where travel can be expensive and complicated, a paperwork based process can be a major practical benefit.
Important disclaimer: PlainDivorce is not a law firm. This guide is general legal information, not legal advice. Court rules, forms, and fees change over time. Always confirm the current process with the Nunavut Court of Justice registry or a local lawyer/legal clinic before filing.
Table of Contents
- 1. What is an uncontested or simple divorce in Nunavut?
- 2. Who qualifies for an uncontested divorce in Nunavut?
- 3. Key Nunavut terms and forms (Form 1, Form 8, Form 12)
- 4. Step by step process: Joint vs. Sole (and how Desk Divorce works)
- 5. If you have children: child support and disclosure are not optional
- 6. How long does an uncontested divorce take in Nunavut?
- 7. What does an uncontested divorce cost in Nunavut?
- 8. When a DIY divorce might not be right for you
- 9. Where a self help divorce kit fits into the process
- 10. FAQ
- 11. Final thoughts and next steps
1. What is an uncontested or simple divorce in Nunavut?
A divorce is the court process that legally ends a marriage. In Nunavut, divorces are handled through the Nunavut Court of Justice under Canada’s Divorce Act and Nunavut court rules.
An uncontested divorce generally means:
- one spouse files and the other does not oppose, or both spouses file together,
- there is no active dispute the judge must decide at a hearing or trial, and
- the judge can grant the divorce based on the written record, usually with sworn evidence (affidavits), without an in person hearing.
People sometimes say “simple divorce” to describe this. The court will not grant a divorce just because you both agree. You still need the correct Nunavut forms, proper sworn evidence, and a judge’s decision.
Download Our Nunavut Uncontested Divorce (Dissolution) Self-Help Kit
2. Who qualifies for an uncontested divorce in Nunavut?
Residency requirement
Under the Divorce Act, a Canadian court generally requires that at least one spouse has lived in the province or territory for at least one year immediately before starting the divorce. In Nunavut, that usually means at least one spouse has been ordinarily resident in Nunavut for 12 months right before filing.
Grounds for divorce
Canada has one legal basis for divorce: breakdown of the marriage. Most uncontested divorces rely on one year separation because it is usually the simplest fit for a paperwork driven process.
When your case is a good fit for uncontested
- You meet the residency requirement.
- You can rely on one year separation (or will have reached it by the time the judge grants the divorce).
- You and your spouse agree on children, support, and property or those issues are already addressed in an agreement or existing orders.
- You can prepare clear, consistent paperwork and include all required attachments.
3. Key Nunavut terms and forms (Form 1, Form 8, Form 12)
This is the Nunavut specific terminology DIY filers search for, and the registry expects to see described correctly:
- Petition for Divorce (Form 1): the standard initiating document in Nunavut. Older guides sometimes mention “Statement of Claim (Form 142),” but the current Nunavut divorce form set uses Form 1.
- Joint Petition for Divorce: the cooperative joint filing route where both spouses sign as co petitioners (often reduces service related delays).
- Financial Statement (Form 8): commonly required when children are involved and child support is in issue. Even in an amicable case, the court expects income disclosure that supports the support arrangements.
- Affidavit of Applicant (Form 12): sworn evidence used for the desk review in many uncontested files.
- Divorce Judgment: the final document signed by the judge granting the divorce.
Forms checklist (plain English): Petition (Form 1) or a Joint Petition if you file together plus a Financial Statement (Form 8, if required), an Affidavit of Applicant (Form 12), a draft Divorce Judgment for the judge to sign, and a request for your Certificate of Divorce after the judgment is granted.
4. Step by step process: Joint vs. Sole (and how Desk Divorce works)
Below is a practical overview. Always follow the latest Nunavut Court of Justice instructions and current forms for your situation.
Process overview (plain English): If you file a Joint Petition, you usually submit your signed paperwork together and move straight into the court’s “paper review” (sometimes called a desk divorce). If you file a Sole Petition, you file first, then complete service on your spouse, wait for the response/required time, and then submit the final documents for the court’s desk divorce review and signature.
Route A: Joint Petition for Divorce (the “Iqaluit Express”)
If you and your spouse can cooperate, filing jointly is often the cleanest route in Nunavut because it can reduce the cost and logistical headache of serving documents across long distances.
Local registry reality: The Nunavut Court of Justice registry is based in Iqaluit, with circuit or travelling registry services for communities. If you live outside Iqaluit, contact the registry early to confirm the best filing pathway and how documents should be submitted from your community.
Language rights trust signal: In Nunavut, you may use English, French, or Inuit language (Inuktut) in judicial proceedings. If you need interpretation support, ask the registry as early as possible.
- Step 1: Confirm eligibility (residency + separation + no disputes needing a trial).
- Step 2: Complete and file the Petition for Divorce (Form 1) as a joint filing, with your supporting documents.
- Step 3: Prepare sworn evidence, commonly the Affidavit of Applicant (Form 12).
- Step 4: If there are children, include required disclosure such as the Financial Statement (Form 8) where applicable.
- Step 5: File the uncontested desk package so a judge can review and sign the Divorce Judgment.
Route B: Sole filing (Form 1) + service
If you are filing alone, you still start with the Petition for Divorce (Form 1). The difference is that you usually must complete service of process correctly. Service issues are a common reason DIY files stall.
- Step 1: Complete and file Form 1 with the Nunavut Court of Justice.
- Step 2: Serve your spouse using an allowed method (you generally cannot serve the documents yourself).
- Step 3: If your spouse does not contest, prepare your sworn evidence, commonly Form 12, plus any other required documents.
- Step 4: File the uncontested package for desk review so the judge can decide the case on the paperwork.
- Step 5: If approved, the judge grants the Divorce Judgment.
How Desk Divorce works in Nunavut
A Desk Divorce means the judge reviews your file in chambers based on sworn evidence, rather than holding an in person hearing. Your affidavit package must clearly prove the marriage details, the separation timeline, residency, and (if applicable) that children and support arrangements are reasonable and supported by disclosure.
5. If you have children: child support and disclosure are not optional
Even in an uncontested divorce, the court must be satisfied that reasonable arrangements are in place for children, especially child support. Expect the judge to look for:
- Parenting basics: where the children live, parenting time schedule, and how major decisions are made.
- Child support: amounts that generally align with the Child Support Guidelines (or a clear explanation if not).
- Financial disclosure: where required, a Financial Statement (Form 8) (and supporting income information) to show the support amount is grounded in real numbers.
If child support appears missing, unclear, or unsupported by disclosure, the judge may delay granting the divorce until the issue is corrected.
6. How long does an uncontested divorce take in Nunavut?
Most timelines break into three parts:
- One year separation: most uncontested divorces rely on this ground.
- Filing and service (if needed): joint filings often move faster because service is avoided.
- Court processing and desk review: depends on workload and whether your package is complete the first time.
After the judge signs the Divorce Judgment, there is usually a 31 day appeal period. In most cases, the divorce becomes effective on the 31st day after the judgment is granted, assuming no appeal.
7. What does an uncontested divorce cost in Nunavut?
Nunavut court fees are set by regulation and are payable to the clerk. Always confirm the current fee amounts and acceptable payment methods with the registry before you file, especially if you are filing from a remote community.
Based on the current Court Fees Regulations, the fee to commence an action by petition is:
| Item | Fee (Approx.) |
|---|---|
| Commencing action by petition (divorce start) | $200.00 |
| Certificate of Divorce | Confirm with the registry (listed in the fee schedule) |
Note: Fees and procedures can change. Verify with the Nunavut Court of Justice registry before filing.
8. When a DIY divorce might not be right for you
DIY is usually not a good idea if there is family violence, coercive control, fear, hidden assets, serious parenting conflict, or complex finances (businesses, multiple properties, major pensions). In these situations, even one focused legal consultation can prevent expensive mistakes that are difficult to undo later.
9. Where a self help divorce kit fits into the process
If your case is truly uncontested, a Nunavut specific kit can make the paperwork far more manageable by helping you use the correct current terminology and stay organized through the desk divorce steps.
A good Nunavut kit can help you:
- start correctly with Petition for Divorce (Form 1),
- understand joint filing vs sole filing and service risks,
- prepare clear sworn evidence (often Affidavit of Applicant (Form 12)),
- include required disclosure for children (including Financial Statement (Form 8) where needed), and
- track the finish line: Divorce Judgment + 31 day appeal period + requesting your Certificate of Divorce.
Download Our Nunavut Uncontested Divorce Self Help Kit
PlainDivorce is not a law firm. A kit is an information and organization tool, not legal advice, and you must still confirm you are using the current forms and registry instructions from the Nunavut Court of Justice.
10. FAQ
What is an uncontested or simple divorce in Nunavut?
It is a divorce where the Nunavut Court of Justice does not need to resolve disputes at a trial. In many uncontested cases, the judge can decide the file as a Desk Divorce based on affidavit evidence (often Form 12) and grant the final Divorce Judgment.
What is the main “start form” in Nunavut?
The correct initiating document is the Petition for Divorce (Form 1). Older references to “Form 142 Statement of Claim” are outdated for Nunavut divorce filings.
Do I need a Financial Statement if we agree on child support?
If children are involved, the court often expects financial disclosure that supports the child support arrangement. Nunavut’s divorce form set includes a Financial Statement (Form 8), and the safest approach is to follow the registry’s direction for your situation.
Can I use Inuktut?
Nunavut law provides that official languages, including Inuit language (Inuktut), may be used in judicial proceedings. If you need interpretation support or help communicating with the registry, ask early so services can be arranged.
11. Final thoughts and next steps
If you want the smoothest uncontested path in Nunavut, focus on three things:
- Start with the current Nunavut form set: Petition for Divorce (Form 1).
- Lean into the desk review reality: your affidavit evidence is what replaces live testimony in many uncontested files.
- Plan for children and disclosure: if children are involved, be ready to support child support with clear disclosure, including Form 8 where required.
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 lawyer or legal clinic before you file.
About Harry D
Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.