Manitoba Divorce, Parenting & Property Help

Family Law in Manitoba — what to do right now

Two things people in Manitoba get wrong from day one. First: you do not need your spouse's agreement, and you do not need to prove anyone was 'at fault'. Under the federal Divorce Act the only ground for divorce is breakdown of the marriage, and the usual way to prove it is living separate and apart for one year (you can even live under the same roof and still be 'separated'). Second — and this is the big Manitoba surprise — you may have full property rights even if you never married. Under Manitoba's Family Property Act, a common-law partner shares equally in the value of family property if they registered the relationship at the Vital Statistics Agency, OR cohabited for at least three years. (Having a child together can give you support and other rights sooner under a different statute, The Family Law Act, but the equal share of property needs registration or the three years.) And the deadlines to claim are short: an application for accounting and equalization after a divorce must be made within 60 days. Call our free line for legal information about exactly which rules and deadlines apply to you.

The law in Manitoba: Family Law

Family law in Manitoba is split across federal and provincial law, and which one applies depends on what you're asking for. The divorce itself — the legal end of a marriage — is federal, governed by the Divorce Act, which applies the same way right across Canada. The only ground for divorce is 'breakdown of the marriage', and in almost every case that is proven by living separate and apart for at least one year (the Act also allows adultery or cruelty, but those are rarely used because they require proof and don't speed anything up). You can be 'separated' while still living in the same home. You can file the application before the full year is up, but a court cannot grant the divorce until the one year of separation is complete. At least one spouse must also have been ordinarily resident in Manitoba for a full year before filing. The Act even lets you try to reconcile: living together again for up to 90 days total to attempt reconciliation does not reset the one-year clock.

Property is provincial — and this is where Manitoba stands apart. Under The Family Property Act (CCSM c. F25, formerly The Marital Property Act), both married spouses AND common-law partners have a right to an equal share in the value of family property when they separate, no matter whose name is on the title. That is a real difference from Ontario, where unmarried partners get no automatic property right at all. A 'common-law partner' qualifies for this property right in one of two ways: by registering the relationship at the Vital Statistics Agency, or by cohabiting in a conjugal relationship for at least three years. (A shorter one-year threshold for couples with a child together exists under a separate statute, The Family Law Act, which governs support and parenting — but it does not trigger the equal share of family property; for property, it is registration or three years.) The mechanism is an 'accounting and equalization': each person prepares a complete list of their assets and debts valued at the date of separation, the value of family assets is shared equally, and the partner with the greater value pays the other an equalization payment to even things out. Commercial assets (such as a business) are also brought into the accounting, with somewhat more room for a judge to order an unequal split where an equal one would be clearly unfair. An equal division of family assets can only be departed from where it would be grossly unfair because of extraordinary circumstances — conduct like adultery is not a factor.

Children are handled under the Divorce Act (if you're divorcing) or Manitoba's provincial family legislation (for unmarried parents). Federal parenting language was modernised on March 1, 2021: the old words 'custody' and 'access' are gone, replaced by 'decision-making responsibility' (the right to make major decisions about a child's school, health and religion) and 'parenting time'. Every decision is governed by one test — the best interests of the child — with primary consideration given to the child's physical, emotional and psychological safety, security and well-being. There is no presumption of equal time. Child support follows the Federal Child Support Guidelines and their tables, which set a baseline amount from the payor's income and number of children, with special and extraordinary expenses (like childcare or orthodontics) shared on top; Manitoba also runs a Child Support Recalculation Service that can update table amounts as incomes change. Spousal and common-law partner support is assessed on need, means and the history of the relationship, often guided by the advisory Spousal Support Advisory Guidelines. And for safety, Manitoba's Domestic Violence and Stalking Act allows a fast protection order (granted by a designated justice of the peace, usually without notice, in urgent cases) and a longer-term prevention order from a Court of King's Bench judge. All of this is general information; how it applies to your facts is a conversation for a Manitoba lawyer.

Key Legislation (Federal + Manitoba)

Divorce Act (FEDERAL) — sole ground is marriage breakdown, usually proven by 1 year living separate and apart; uniform across Canada
The Family Property Act (CCSM c. F25, formerly The Marital Property Act) — equal sharing of family property for married spouses AND common-law partners
Common-law partner (for the equal property share) = registered at Vital Statistics, OR cohabited 3 years (a child together can shorten the threshold for support under The Family Law Act, but NOT for the property share)
Federal Child Support Guidelines — table amount set by payor income + number of children, plus shared special expenses
The Domestic Violence and Stalking Act — protection orders (fast, often without notice) and prevention orders (longer-term, from a King's Bench judge)
Federal parenting terms modernised March 1, 2021: 'custody/access' replaced by 'decision-making responsibility' and 'parenting time'

Courts & Agencies

Court of King's Bench (Family Division) — a UNIFIED family court that hears divorce, family property, parenting, support and child protection across Manitoba
Provincial Court — cannot grant a divorce, divide family property or deal with adoption
Family Resolution Service — Manitoba's single-window service offering Family Guides, mediation, the parent information program and triage
Maintenance Enforcement Program — collects and enforces child- and spousal-support orders
Child Support Recalculation Service — updates child-support table amounts administratively as incomes change

Deadlines & Key Rules

1 year living separate and apart before a divorce can be granted (Divorce Act); you may file earlier
Up to 90 days of attempted reconciliation does not reset the one-year separation clock
Accounting/equalization after a DIVORCE: apply within 60 days after the divorce takes effect
Registered common-law partners: apply within 60 days of registering the END of the relationship; unregistered: within 3 years of separation
Common-law partners DO share family property in Manitoba once they qualify — unlike Ontario; the court can extend the deadline in some cases

The 60-day clock after divorce — and why common-law partners can't assume they're safe either way

Here's what catches Manitobans off guard. Many people think a common-law partner has no claim — that's true in much of Canada, but NOT in Manitoba, where The Family Property Act gives qualifying common-law partners the same equal-sharing right as married spouses. And the deadlines to bring an accounting are short and easy to miss. If you've divorced, you have just 60 days after the divorce takes effect to apply for accounting and equalization. A registered common-law partner has 60 days after registering the end of the relationship; an unregistered common-law partner has three years from separation. Miss the window and the right to equalize can be barred — a court can sometimes extend it, but never count on that. Knowing which clock applies to you, and how close it is to running out, is exactly the kind of thing to pin down before it slips. Call our free Canadian line and you'll get that free legal information, in plain English, in your language.

Likely outcomes & penalties

Family law outcomes in Manitoba aren't punishments — they're financial and parenting exposures, and many of them run on formulas, tables and bright-line rules. Here's the realistic range of what's at stake.

Property (accounting & equalization)

For BOTH married spouses and qualifying common-law partners, the value of family property is shared equally under The Family Property Act. Each side lists assets and debts at the date of separation, and the partner with the higher net value pays an equalization payment. Commercial assets are included too, with a little more room for an unequal split where equal would be clearly unfair.

Child support

Set by the Federal Child Support Guidelines: a table amount based on the payor's income and the number of children, with childcare, medical and other special expenses shared on top in proportion to income. Manitoba's Child Support Recalculation Service can update the table amount as incomes change. Support generally continues to 18, and beyond if the child is in full-time school or cannot be self-supporting.

Spousal / common-law partner support

Support is assessed on need, means and the history of the relationship, and is commonly guided by the Spousal Support Advisory Guidelines, which suggest a RANGE for amount and duration. These guidelines are advisory, not binding — the final figure is negotiated or decided by a judge.

Protection & prevention orders

Under The Domestic Violence and Stalking Act, a protection order can be granted quickly by a designated justice of the peace, often without notice, in urgent situations (typically lasting up to three years). A prevention order from a Court of King's Bench judge can impose broader, longer-term conditions. Breaching either can lead to arrest and criminal charges.

Mistakes to avoid

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Assuming a common-law partner has no claim on the property. In Manitoba they often do — The Family Property Act gives equal-sharing rights to partners who registered the relationship, or who lived together three years — so assuming 'we never married, so it's all mine' can be a costly mistake.

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Letting the 60-day post-divorce deadline slip. Unlike the multi-year windows in some provinces, the accounting/equalization application after a divorce in Manitoba must be made within 60 days — miss it and your property claim can be barred, with an extension never guaranteed.

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Treating the date of separation as a vague detail. The whole accounting is valued to that date, so a fuzzy or wrong separation date can shift the property split by a lot — write down when it happened and why.

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Assuming you need your spouse's consent, or proof they did something wrong, to get divorced — Manitoba divorces are no-fault, and one year of separation is normally all the 'ground' you need.

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Thinking 'custody' is still a fight to be 'won'. Since March 2021 the federal law speaks of decision-making responsibility and parenting time, decided only on the child's best interests — and there is no presumption of equal time, so treating it as a contest can backfire.

How it works

Calling is free. No web form, no income test, no waiting room — just call from anywhere in Manitoba and start talking through your situation in plain English, or in your language. The line is live now and answers right away.

Talk to an AI assistant trained on Canadian + Manitoba family law. The assistant knows the Divorce Act and Manitoba's Family Property Act — the one-year separation rule, the common-law property thresholds, the accounting and equalization mechanism and its short deadlines, the parenting-time framework and the support guidelines — and gives you clear legal information about how your situation works and what your next move is. Ask as many questions as you like. It's information, not legal advice, and the call creates no lawyer-client relationship.

A paid lawyer-consultation service is coming soon. For now the line gives you free legal information only; in time, if your case needs one, we'll be able to help you arrange a paid consultation with a Manitoba-licensed family law lawyer. In the meantime, many callers get what they need from the free conversation and the free resources below.

Free & low-cost Family Law help in Manitoba

If you want to handle part of this yourself, or you can't afford a lawyer, Manitoba has strong free resources — official government guides, a single-window Family Resolution Service, a legal-aid program, a phone-in legal information line with free lawyer referrals, and plain-language self-help. Start with these.

Legal Aid Manitoba

Manitoba's legal-aid program. If you meet the financial test and your case has merit, Legal Aid Manitoba can help with divorce, parenting, support, family property and protection-order matters, sometimes free and sometimes through its Agreement to Pay program. Family law line 204-985-8511, toll-free 1-866-800-8056.

Manitoba Family Law — Province of Manitoba

The Manitoba government's official, plain-language family law site, covering separation and divorce, family property and common-law partner property, parenting and the best-interests test, child and spousal/common-law support, and safety. The clearest starting point for how Manitoba's rules actually work.

Family Resolution Service

Manitoba's single-window service for families separating. Family Guides offer triage, safety planning, conflict resolution, mediation, the Parent Information Program and referrals — and (under a pilot) some limited legal guidance on navigating the court process. Phone 204-945-2313 (Winnipeg) or 1-844-808-2313 toll-free; [email protected].

Community Legal Education Association (CLEA)

A Manitoba charity offering a province-wide Law Phone-In line and a Lawyer Referral Program that connects you with a family-law lawyer for a free half-hour consultation, plus plain-language publications and a Victims of Intimate Partner Violence project. Law line 204-943-2305; lawyer referral 204-943-3602; toll-free 1-800-262-8800.

Protection Orders — Manitoba Family Law

The province's official guide to staying safe, explaining protection orders (granted quickly by a justice of the peace, often without notice) and prevention orders (from a King's Bench judge) under The Domestic Violence and Stalking Act, and how to apply. If you are in immediate danger, call 911 first.

Court of King's Bench (Family Division) — Manitoba Courts

The official courts site for the unified Family Division that hears divorce, family property, parenting, support and child protection across Manitoba — with forms, rules, FAQs, the Child Support Recalculation Service and procedural information.

FAQ — Family Law in Manitoba

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 coming soon: in time, if your case needs one, we'll be able to help you arrange a paid consultation with a Manitoba-licensed family law lawyer.

Manitoba family lawyers: join our network

Are you a Manitoba-licensed family law lawyer handling divorce, parenting, support, family property or family-violence matters? Our free Canadian information line is live, and we're building our Manitoba network ahead of launching paid consultations — connecting callers across Winnipeg, Brandon, Steinbach, Portage la Prairie, Thompson and beyond with vetted local counsel after they've spoken with our assistant. If you'd like to receive matched, consultation-ready referrals in your region and practice area, join our network. This is a path for lawyers only — it does not change the free, no-obligation help we give callers.

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Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].

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