How is property divided in a separation in Saskatchewan?

Equal division of family property. Matrimonial home receives special treatment. Exclusions: Pre-marital property, gifts, inheritances may be excluded. Exempt property does not grow during marriage.

Can a separation agreement be changed later?

Yes. Agreements can be varied by mutual consent at any time. Courts can also vary child support and spousal support if there has been a material change in circumstances. Property division is generally final once agreed.

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Separation Agreement

Separation Agreements in Saskatchewan

Q: Can child support be waived in a separation agreement?

No. Both parents have a legal obligation to support their children. No separation agreement can eliminate this obligation. Child support below the Federal Guidelines amount is not binding.

Governing legislation: Family Property Act, S.S. 1997

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Property Division

Equal division of family property. Matrimonial home receives special treatment.

What can be excluded

Pre-marital property, gifts, inheritances may be excluded. Exempt property does not grow during marriage.

Courts can vary equal division where it would be unfair.

Spousal Support

Economic disadvantage, length of marriage, roles assumed. SSAGs used.

Duration: Negotiated or ordered.

The federal Spousal Support Advisory Guidelines (SSAGs) are used as a reference across Canada for calculating support amounts and duration. They are not legislation — but courts and lawyers treat them as a strong starting point.

Child Support

Child support cannot be waived

Both parents have a legal obligation to support their children. No separation agreement can eliminate this obligation. An agreement that sets child support below the Federal Guidelines amount is not binding.

Federal Child Support Guidelines apply.

→ Calculate child support using the federal online tool

Parenting Arrangements

Terminology in Saskatchewan

Federal Divorce Act applies for divorcing couples. Children's Law Act, 2020 for non-divorce situations.

Best interests of the child is the sole consideration.

Signing Requirements

Witnesses

Signatures must be witnessed.

Independent Legal Advice

Strongly recommended.

Court Filing

File with Court of King's Bench for enforcement.

Steps to Complete Your Agreement

1
Disclose all assets.
2
Negotiate.
3
Draft with legal advice.
4
Sign with witnesses.
5
File if enforcement needed.

Critical points for Saskatchewan

!Child support non-waivable.
!Full disclosure required.
!Get legal advice before signing.

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Official sources

Last updated: June 2026

Guidepost is not a law firm. Family law is complex and fact-specific — this guide is for general informational purposes only and is not legal advice. Consult a family lawyer before signing any separation agreement. Full disclaimer.