Home Nova Scotia Uncontested Divorce Kit
2026 edition • Built on the Nova Scotia Civil Procedure Rules (Rule 59)Nova Scotia Uncontested Divorce Kit
The Supreme Court of Nova Scotia forms and plain-English instructions to prepare an uncontested divorce yourself — matched to whether you file jointly or alone.
- Route-matched forms — Joint Application (Form 59.46) or Petition (Form 59.09)
- Step-by-step filing instructions, in plain English
- Free eligibility check before you pay anything
- Instant PDF download — $129 one-time, no subscription
Takes 2 minutes to check · no commitment
“The instructions were clear about which affidavit went with the joint application and what each of us had to swear.”
Sophia O. · Dartmouth, Nova Scotia
Do you qualify for an uncontested divorce in Nova Scotia?
The affidavit route works when your divorce is genuinely uncontested and your parenting, support and property issues are already settled — including a signed agreement or consent order where one is needed.
This kit fits if…
- ✓ You or your spouse has been habitually (ordinarily) resident in Nova Scotia for at least the full year immediately before the divorce proceeding starts. (This is a jurisdiction condition — separate from the one-year separation ground.)
- ✓ You are relying on one year’s separation that has already fully run. On a joint application this is the only available ground — adultery and cruelty need a petition, different evidence and legal advice. Reconciliation attempts totalling no more than 90 days do not restart the clock.
- ✓ Your spouse will co-operate: you sign a Joint Application (Form 59.46) together, or you file a Petition (Form 59.09), serve your spouse, and they do not defend it.
- ✓ You agree on all outstanding issues — parenting, contact, child support, spousal support, property, debts and pensions — and any child support meets the Federal Child Support Guidelines. The court must be satisfied reasonable child-support arrangements are in place before it grants a divorce.
- ✓ You accept that every Nova Scotia divorce needs a Corollary Relief Order (Form 59.48B), and that property division under the Matrimonial Property Act is a separate claim with its own disclosure.
Talk to a lawyer first if…
- ✗ Neither spouse has been habitually resident in Nova Scotia for a full year yet.
- ✗ Your spouse is contesting the divorce, will not communicate, or cannot be located.
- ✗ There is family violence or coercion, a child-protection or criminal matter, or you need an emergency protection order.
- ✗ Parenting, contact or the child-support amount is not fully settled, you want a support figure that differs from the guideline table, or a child over the age of majority is still dependent.
- ✗ You have a pension to divide, a company, trust or real estate to split, significant debt, a bankruptcy, existing court orders, or a cross-border element.
Nova Scotia’s three routes — which one is yours?
All three can end without a hearing when the file is complete and the case genuinely uncontested. They differ at the start. Your eligibility check confirms which one fits and you receive the matching form set.
In Nova Scotia, an uncontested divorce is a paperwork process in the Supreme Court of Nova Scotia (Family Division) — or the Supreme Court in regions without a Family Division. You start with a Joint Application (Form 59.46) or a Petition for Divorce (Form 59.09), then file the sworn Affidavit Supporting an Uncontested Divorce with your parenting, financial and property material, a draft Divorce Order and a draft Corollary Relief Order. This kit gives you the current Court forms for your route, with plain-language instructions for each stage.
Joint Application for Divorce
Form 59.46 · both spouses sign
Both spouses are applicants and sign the filed application, so there is no service between you. Relies on a fully elapsed one-year separation. Either spouse can withdraw before the divorce is granted.
You both swear the Affidavit Supporting an Uncontested Divorce (FD12A). Still needs the marriage certificate, the parenting / income / property material as applicable, a draft Divorce Order and a draft Corollary Relief Order.
Petition for Divorce
Form 59.09 · one spouse files
You file alone and must have the Petition served on your spouse, who then has a set period to file a response. If none is filed you can move to the uncontested affidavit stage with FD12B.
Non-opposition does not turn a Petition into a Joint Application or remove the service and response steps. Confirm the current response period and default steps with the court.
Application for Divorce by Written Agreement
You already have a signed agreement
Where you and your spouse already have a comprehensive signed separation agreement covering all corollary issues, this route lets one spouse apply with the agreement attached as an exhibit and the affidavit sworn before a commissioner (FD12).
The kit explains this option; whether it fits depends on what your agreement covers. Get advice if you are unsure.
Every route: where support is claimed, an FD3 Statement of Income and Guidelines income information are normally required — from the payer, and often from both spouses if no child support is paid or the table amount is not followed. An FD11 Waiver of Financial Statements may be available in limited situations. Confirm what your case needs against Rule 59 and with your registry.
Why use an affidavit-evidence kit?
For a genuinely uncontested case, Nova Scotia lets you submit the divorce for a decision on sworn affidavit evidence instead of testifying in court. A joint application asks the court to refer the file straight to a judge without a hearing. Done carefully, it keeps a straightforward divorce affordable and predictable, without paying a lawyer to prepare standard paperwork.
Keep more of your money
You do the paperwork yourself and keep the difference between a lawyer’s fee and the kit price — see the breakdown alongside.
Usually no appearance
A complete, qualifying uncontested file can be decided on the papers, subject to the Court’s review, the Central Registry check and the judge’s decision — the usual outcome, not a guarantee.
What a Nova Scotia divorce costs
The court filing fee is commonly quoted at $218.05 for a Joint Application; the provincial fee regulation lists $291.55 for issuing and filing divorce documents (including the $10 federal registration fee). There is no fixed total cost for a divorce: a commissioner of oaths to swear your affidavits, an original or certified marriage certificate (and translation if needed), copies, postage and stamped envelopes, financial disclosure, and any agreement or Corollary Relief Order drafting are extra. Eligible applicants can apply for a provincial fee waiver (Form 1) — each joint applicant must qualify separately, and the $10 federal fee is not waived. Fees can change — confirm current amounts with the registry.
What’s in the kit
The current Supreme Court of Nova Scotia (Family Division) divorce forms for your route, set up so you know what each one does and the order to file them in.
The form that starts your case
- A Joint Application for Divorce (Form 59.46) for spouses who sign together, or a Petition for Divorce (Form 59.09) if you file alone
- Guidance on residency, the one-year separation ground, and what to claim (and not claim)
- Proof of marriage and which statements apply to your situation
Your uncontested-divorce package
The set assembled for a decision on affidavit evidence:
Filing roadmap
- Step-by-step instructions for signing and swearing the forms in the right order
- Filing at your Supreme Court (Family Division) location and the federal Central Registry step
- The judge’s review, the 31-day period and requesting the Certificate of Divorce, with a self-check list before you submit
What this kit does not include
- Any court sign-off that your file is judge-ready — the registry processes the file and a judge reviews it; a private kit cannot certify that
- The granted Divorce Order and Corollary Relief Order — you supply the drafts; a judge decides whether to grant them
- The written separation agreement itself, or drafting of a negotiated Corollary Relief Order
- Property, pension or debt division as a decided outcome (separate claim under the Matrimonial Property Act and, for pensions, the Pension Benefits Act)
- Contested matters, defended petitions, variation applications, protection orders, or anything beyond a genuinely uncontested divorce
- Filing or serving your documents for you, or any court representation
- Legal advice about your specific situation, or review of your completed documents
- Court, commissioner and service fees
PlainDivorce is a private publisher. The Court publishes its forms but has not reviewed, approved or endorsed this kit and does not promise to accept adapted templates or that any given registry will take them. Always take the current form versions and confirm the full, fact-specific filing set from the Courts of Nova Scotia family forms, the Nova Scotia Family Law joint-application document list and Rule 59, and check current requirements with the registry before filing.
How it works
The path to a Divorce Order in Nova Scotia on the uncontested affidavit route.
Prepare, sign & swear
Complete the Joint Application (Form 59.46) or Petition (Form 59.09) and the supporting statements. On a joint application both spouses sign the application and swear the Affidavit (FD12A) before a commissioner. Court documents cannot be changed once signed — check everything first.
File & register
File at your Supreme Court (Family Division) location with the marriage certificate and the fee (commonly quoted at $218.05; confirm locally) or a fee-waiver application. On a petition, serve your spouse and let the response period expire. The court sends the registration information to the federal Central Registry of Divorce Proceedings, which checks for duplicate proceedings between you and reports back.
Judge’s review
A judge reviews the file, the affidavit evidence, the parenting and support material, and your draft Divorce Order and Corollary Relief Order. In a qualifying uncontested case this happens without a hearing. If anything is incomplete or unclear the court asks for more information; the judge can also require further evidence or an appearance.
Order, 31 days & certificate
If the divorce is granted, the order ordinarily takes effect on the 31st day after it is rendered — the appeal period. An appeal can change that, and an earlier date is possible only under the Divorce Act’s special-circumstances rule. After the order takes effect the court issues the Certificate of Divorce, the proof you need to remarry.
Nova Scotia’s own guidance warns that even a properly filed uncontested divorce can take many months because of court staff and judge workload. The Central Registry check is one part of that, and a kit cannot speed up the court’s timelines.
Kit pricing vs. lawyer fees
| Feature | PlainDivorce kit | Typical lawyer |
|---|---|---|
| Preparation cost | $129 | $1,500–$3,500 |
| Court fees | ~$218.05–$291.55 incl. $10 federal (paid to the court) | Same, usually billed on top |
| Pace | Your prep is DIY; the court controls its own timeline | Lawyer’s schedule |
| Forms included | Yes — route-matched | Yes |
Secure one-time payment · No subscription · Instant download
What our customers say
Experiences from people who prepared their divorce paperwork with PlainDivorce.
4.7 out of 5 based on 300+ customer reviews
Customer reviews are collected from purchasers and support conversations. Names may be shortened for privacy, and individual results vary by court, case facts, and filing requirements.
“The instructions were clear about which affidavit went with the joint application and what each of us had to swear.”
Sophia O.
Dartmouth
“It made clear we still needed a Corollary Relief Order even though we had no children. I would have missed that.”
Amelia H.
Bedford
“No lawyer needed for our situation. The checklist told us exactly what to bring to the registry.”
Daniel L.
Halifax
“Well organised and honest about the parts we could not rush — the wait for the court to review was real.”
Marc V.
Sydney
“Took the guesswork out of the paperwork. I still double-checked the current forms on the court site, as the kit told me to.”
Sarah D.
Truro
Nova Scotia uncontested divorce: frequently asked questions
What is a Joint Application for Divorce (Form 59.46)?
It is a divorce application where both spouses are applicants and sign together, on the one-year separation ground, having agreed on every outstanding issue. Because both spouses sign the filed application, it does not have to be served between you. Either spouse can withdraw before the divorce is granted. A Petition for Divorce (Form 59.09) is filed by one spouse and must be served on the other.
Which affidavit form do we use — FD12, FD12A or FD12B?
It depends on how the divorce was started. FD12A is the Affidavit Supporting an Uncontested Divorce for a Joint Application; FD12B is for a Petition for Divorce; FD12 is for an Application for Divorce by Written Agreement. The kit gives you the one for your route, but always download the current posted version and confirm the number with your registry — form names and numbers change.
Do we really need a Corollary Relief Order if we have no children and agree on everything?
Yes. Nova Scotia guidance is that every divorce needs a Corollary Relief Order (Form 59.48B), even where the spouses have already settled everything and there are no children. The kit includes the draft order and explains what it should say; a judge decides whether to grant it with the divorce.
Does the affidavit route mean there is no court date?
In a qualifying uncontested case a joint application is referred to a judge for a decision without a hearing, and the file can be decided on sworn affidavit evidence instead of testimony. It is not automatic: a judge reviews the documents, the court will request clearer or additional information if the file is incomplete or unclear, and the judge can require further evidence or an appearance. Any disputed issue proceeds through the ordinary court process.
Do I have to live in Nova Scotia to file?
You or your spouse must have been habitually (ordinarily) resident in Nova Scotia for at least the full year immediately before the divorce proceeding starts. That is a jurisdiction requirement under the Divorce Act, separate from the one-year separation ground for the divorce itself.
How much are the court filing fees?
Nova Scotia Family Law commonly quotes $218.05 for a Joint Application, but dates that figure and tells filers to confirm the live amount with court staff. The provincial Costs and Fees Act regulations list $291.55 for issuing and filing divorce documents, which includes the $10 federal registration fee. There is no fixed total: a commissioner of oaths, a certified marriage certificate (and translation if needed), copies, postage, stamped envelopes and financial disclosure are extra. Eligible applicants can apply for a provincial fee waiver (Form 1) — each joint applicant separately; the $10 federal fee is not waived. Confirm current fees with your registry.
We have children — what else is required?
A Parenting Statement (FD2A) plus child-support information and financial disclosure. Nova Scotia guidance is that disclosure is normally required even when the parents agree: the payer generally files income information, and both spouses likely must if no child support is paid or the table amount is not followed. Materials can include an FD3 Statement of Income with tax returns, notices of assessment and pay evidence. The court must be satisfied that reasonable child-support arrangements have been made before it grants a divorce. If anything about the children is unresolved, see a lawyer.
What is the Central Registry of Divorce Proceedings step?
After a divorce proceeding is filed, the court sends the required registration information to the federal Central Registry (ordinarily within seven days). The Registry checks for pending or completed duplicate proceedings between the same two spouses and reports the result back to the court. It is not a purchaser-controlled “clearance certificate” you wait for, and it does not by itself allow a divorce to be granted.
How long does an uncontested divorce take in Nova Scotia?
There is no guaranteed timeframe. Nova Scotia’s own guidance says that even a properly filed uncontested divorce can take many months because of court staff and judge workload. Preparing your paperwork with a kit does not change the court’s processing time.
Does this kit divide our property or pension?
No. Property is dealt with as a separate claim under the Nova Scotia Matrimonial Property Act (and, for pensions, the Pension Benefits Act) — not as part of the divorce itself, and not by a flat 50/50 rule. If you and your spouse already agree, the kit helps you record that in a Corollary Relief Order or attach your written agreement. If you do not agree, or you have a pension, business, trust, real estate, significant debt or disputed assets, get legal advice before filing.
When is the divorce final, and how do I get the certificate?
A divorce order ordinarily takes effect on the 31st day after it is rendered — the appeal period. An appeal can change that, and an earlier effective date is possible only under the Divorce Act’s special-circumstances process. After the order takes effect, the court officer issues and sends the Certificate of Divorce once satisfied that copies were mailed, the order took effect and no appeal began; Nova Scotia Family Law says it is ordinarily sent automatically. It is the proof you need to remarry.
Is PlainDivorce a law firm?
No. PlainDivorce is a self-help information service. We provide the current Supreme Court of Nova Scotia divorce forms with plain-language instructions; we do not give legal advice, review your documents for accuracy, certify anything to the court, or file or serve documents for you. For advice about your situation, or if anything is disputed, consult a Nova Scotia family lawyer.
Important legal disclaimer
PlainDivorce is not a law firm and does not provide legal advice, legal opinions, or representation. The Nova Scotia Uncontested Divorce Kit is a self-help information product containing publicly available Supreme Court forms with general instructions. It is not a substitute for advice from a licensed Nova Scotia lawyer, and the Court has not reviewed, approved or endorsed it.
We do not guarantee that any registry will accept a particular filing or that a divorce will be granted. You supply the draft Divorce Order and Corollary Relief Order; a judge decides whether to grant them and may require different or further evidence or an appearance. Court rules, forms and fees change from time to time — the joint-application fee is commonly quoted at $218.05 while the provincial fee regulation lists $291.55 for issuing and filing divorce documents (including a $10 federal registration fee), before commissioner, service and case-specific costs — and there is no fixed total cost for a divorce. You are responsible for verifying the current fees, form versions and requirements with the Supreme Court of Nova Scotia (Family Division) registry before filing.
Content last reviewed: September 2026.