If you decide to reconcile, you can stop a divorce in Manitoba by filing a Notice of Discontinuance at the Court of King’s Bench. If your spouse has not yet filed an Answer, you can withdraw the application on your own; however, if they have already responded, you will need their formal written consent.
Relationships are complex, and the road to separation is not always a straight line. 💗 Sometimes, after the stressful initial step of filing for a divorce, a couple decides to attend counselling or simply gives the marriage a second chance. The legal system in Canada is supportive of reconciliation, and it provides a mechanism to back out of a court proceeding.
In this guide, we will explain exactly how to pause or withdraw a divorce application in Manitoba. We will walk you through the documents required by the Court of King’s Bench to formally close your file. If you are unsure whether you should withdraw or just put the case on hold, we politely recommend speaking to a local lawyer from our directory before making a final decision.
Step-by-Step Process to Withdraw Your Divorce in Manitoba
Whether you filed your initial paperwork in Winnipeg, Selkirk, or Thompson, the procedure to stop the legal wheels from turning is quite straightforward. 📍 The most important factor is how far along the process has progressed.
Step 1: Determine the Status of Your File
Before you can withdraw, you need to know if your spouse has formally responded to your Petition. If you just filed the Petition and your spouse has not filed an Answer with the court, you have the right to withdraw the action unilaterally. If they have filed an Answer or a Counter-Petition, the situation is different, and you cannot cancel the divorce without their agreement.
Step 2: Complete a Notice of Discontinuance
To officially withdraw your case, you cannot just call the courthouse and ask them to cancel it. You must complete a specific legal form called a Notice of Discontinuance. 📄 This document tells the judge and the court registry that you no longer wish to proceed with the divorce application. If your spouse has already filed an Answer, they must sign a consent section on this form or provide a separate letter of consent.
Step 3: File and Serve the Notice
Bring the completed Notice of Discontinuance to the same Court of King’s Bench registry where you started the process. the clerk will stamp it and place it in your file. Finally, you must serve a stamped copy to your spouse (or their law firm, if they have one) so everyone has official proof that the litigation is over.
How Much Does it Cost in Manitoba?
Fortunately, stopping a divorce does not bring a wave of new government fees. 💵 However, you must accept that you will not be refunded for the money you have already spent.
- Notice of Discontinuance Filing Fee: Usually $0 CAD. The Manitoba court does not typically charge a fee just to close a family file.
- Lost Initial Filing Fees: You forfeit the $200 CAD you paid to file the original Petition, which included the Central Divorce Registry search.
- Lawyer Fees: If you hired a law firm to handle the withdrawal, expect to pay for 1 to 2 hours of their time (roughly $250 to $600 CAD).
| Expense Type | Estimated Cost (CAD) | Refundable? |
|---|---|---|
| Initial Petition Filing Fee | $200 | No |
| Filing Notice of Discontinuance | $0 | N/A |
| Lawyer Administrative Work | $250 – $600 | No |
While losing your initial court fees is frustrating, the money saved by avoiding a trial and keeping your family together is well worth it.
How Long Does the Process Take?
Withdrawing a case is usually immediate. 🕑 Once the court clerk stamps your Notice of Discontinuance, the file is officially closed on that date. However, what if you just want to put the divorce on pause while you try marriage counselling? You do not necessarily have to file anything; you can simply mutually agree to hold off on taking the next legal steps. Just be aware that if a file sits completely inactive for a long time, the court may eventually dismiss it for delay.
Frequently Asked Questions (FAQ)
Can I just let the divorce application expire?
Yes, if neither party takes any steps to move the case forward, the court registry will eventually issue a notice of intent to dismiss the case due to inactivity. However, filing a formal Notice of Discontinuance is a cleaner and faster way to clear the record.
What if my spouse won’t consent to the withdrawal?
If your spouse has filed an Answer and refuses to sign the consent to discontinue, you cannot unilaterally withdraw the action. However, you can apply to the court for permission to close your part of the case under Rule 23.01(1)(b) of the Court of King’s Bench Rules, which allows discontinuance with leave of the court. Note that your spouse can still choose to proceed with their own claims for parenting time, decision-making responsibility, or property division.
If we break up again, do I have to pay the fees a second time?
Yes. Once a file is formally discontinued and closed, you must start from scratch if the reconciliation fails. This means filing a brand-new Petition and paying the $200 CAD filing fee all over again.
Will withdrawing the divorce affect our separation date?
Under Canadian law, periods of cohabitation totaling up to 90 days for the purpose of reconciliation do not reset your 1-year separation clock. This 90-day limit is calculated as the cumulative total of any periods you spend living together as a couple. However, if you resume living together as a married couple for more than 90 days in aggregate, you will have to restart the 1-year waiting period if you separate again.
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