Divorce, Parenting Time or Dividing Property in Manitoba? Get a Free Answer.

Do I need a reason to get a divorce in Manitoba?

No. Under the federal Divorce Act the only ground is 'breakdown of the marriage', and the normal way to show that is living separate and apart for one year. You don't have to prove your spouse did anything wrong, and you don't need their consent — one person can get the divorce. Adultery and cruelty are technically available but rarely used, because they require proof and don't make anything faster. At least one spouse must also have lived in Manitoba for a year before filing. Call our free Canadian line for legal information on exactly how this applies to you.

I never married my partner — can they claim half the property in Manitoba?

Possibly yes — and this is where Manitoba differs from much of Canada. Under The Family Property Act, a common-law partner shares equally in the value of family property if they qualify, and there are two ways to qualify: registering the relationship at the Vital Statistics Agency, or cohabiting in a conjugal relationship for at least three years. (A child together can give you support and other rights sooner under a separate statute, The Family Law Act, but it does not by itself trigger the equal property share.) So 'we never married, so it's all mine' is often wrong here. Call our free line for legal information on whether you qualify.

How is property actually divided in Manitoba?

Through an 'accounting and equalization' under The Family Property Act. Each spouse or common-law partner prepares a complete list of their assets and debts, valued at the date of separation. The value of family assets is then shared equally, and the partner with the higher value pays the other an equalization payment so both end up with equal shares. Commercial assets, like a business, are brought into the accounting too, with a bit more room for a judge to order an unequal split if an equal one would be clearly unfair. An equal split of family assets is only departed from in extraordinary circumstances.

Is there a deadline to claim my share of the property?

Yes, and some of these deadlines are very short. If you have divorced, you must apply for accounting and equalization within 60 days after the divorce takes effect. A registered common-law partner has 60 days after registering the end of the relationship with the Vital Statistics Agency. An unregistered common-law partner has three years from the date of separation. A court can sometimes extend these periods, but there is no guarantee — so it's important to know which deadline applies to you and how close it is.

What's the difference between a protection order and a prevention order?

Both come from The Domestic Violence and Stalking Act. A protection order can be obtained quickly from a designated justice of the peace, usually without notice to the other person and at no cost, for urgent situations — these typically last up to three years. A prevention order is made by a Court of King's Bench judge after a hearing, can impose broader and longer-term conditions, and usually involves a lawyer and filing costs. Breaching either is serious and can lead to arrest and criminal charges. If you are in immediate danger, call 911 first.

What happened to 'custody' and 'access'?

As of March 1, 2021, the federal Divorce Act replaced those words. The law now uses 'decision-making responsibility' (the right to make major decisions about a child's schooling, health and religion) and 'parenting time' (the time a child spends in each parent's care). Every decision is based on one test: the best interests of the child, with primary consideration to the child's safety and well-being. There is no presumption of equal time — the court looks at what actually serves the child.

How much is child support in Manitoba?

Child support follows the Federal Child Support Guidelines. There's a table amount based on the paying parent's income and the number of children, and on top of that, special or extraordinary expenses — childcare, significant medical or dental costs, certain activities — are shared between the parents in proportion to income. Manitoba also runs a Child Support Recalculation Service that can update the table amount as incomes change. Support usually continues until 18, and longer if the child is in full-time school or can't support themselves. A real number needs your actual figures, which the free line can help you understand.

Which court handles my family case in Manitoba?

The Court of King's Bench (Family Division) is a unified family court that hears all family matters in Manitoba — divorce, division of family property, parenting, support and child protection. The Provincial Court cannot grant a divorce, divide family property or deal with adoption. The Family Division also emphasises resolving disputes without a contested hearing where possible, offering the Parent Information Program and mediation. The free line can help you understand the steps and the realistic path for your situation.

Can I be 'separated' if we still live in the same house?

Yes. You can be legally separated while living under the same roof — for example sleeping in separate rooms, running separate finances and no longer living as a couple. The one-year separation clock for a divorce can be running even though neither of you has moved out, which matters because many people don't realise their clock has already started. It also matters for property, because the accounting is valued to the date of separation. The details can be fact-specific, so it's worth confirming where you stand.

I'm a common-law partner and we have a child together — when do property rights kick in?

It depends which right you mean, and Manitoba splits them across two statutes. For the equal share of FAMILY PROPERTY under The Family Property Act, having a child together does NOT shorten the clock: you qualify by registering the relationship at the Vital Statistics Agency, or by cohabiting for at least three years. Having a child together does matter under a different statute, The Family Law Act, which can give you support and other rights after just one year of cohabitation — but that is not the same as the equal property share. The distinction is easy to get wrong, so it's worth confirming which rights you actually have. Call our free line for legal information on this.

Is this service free, and is it confidential — and what is it exactly?

The Canadian Legal Hotline line is live now. The call is free, with no income test and no web form, and help is available in your language — and you can ask as many questions as you like. To be clear about what it is: Legal Hotline gives legal information, not legal advice, and the call creates no lawyer-client relationship — we're not a law firm and not legal aid. A paid lawyer-consultation service is live — a consultation can be booked right on the call: if your case needs one, we can help you arrange a paid consultation with a Manitoba-licensed family law lawyer right on the call.