Fee Waiver for Divorce in Nova Scotia

Court Fees Are a Real Barrier for Low-Income Filers

Filing for divorce in Nova Scotia has provincial court fees between $218.05 (Joint Application) and $357.55 (Petition for Divorce plus the uncontested motion fee), plus the $10 federal processing fee. For someone already managing on a single post-separation income, those fees can stall a filing for months.

Nova Scotia's Costs and Fees Act recognizes this problem. It allows the court to waive most filing fees for people whose household income falls below specific thresholds. Here's how the waiver works, who qualifies, and what it doesn't cover.

Eligibility Thresholds

The fee waiver is governed by Schedule "C" of the Costs and Fees Act Regulations. Eligibility is based on your gross monthly household income, not your net income after taxes and mandatory deductions.

The income thresholds are tied to household size:

• Single adult (no dependents): $1,067 per month
• Two adults (no dependents): $1,424 per month
• One adult plus one dependent: $1,416 per month
• Each additional dependent increases the threshold incrementally

These figures are updated periodically, so check the current schedule when you apply. If your income is at or below the threshold for your household size, you're eligible for a full waiver of provincial court fees.

How to Apply

The application process is straightforward:

1. Obtain Form 1 — the Waiver of Court Fees application form, available from any Supreme Court (Family Division) registry or online from the Courts of Nova Scotia website.

2. Complete the income declaration. You'll need to document your current monthly income from all sources: employment, employment insurance, social assistance, child tax benefits, and any other income. Be thorough — incomplete applications get returned.

3. Attach supporting documents. The court expects proof of your stated income. Acceptable documents include:

   • Recent pay stubs
   • CRA Notice of Assessment from your most recent tax year
   • Social assistance or income assistance statements
   • Employment Insurance benefit statements

4. File the completed application at the same registry where you're filing (or plan to file) your divorce documents. The court officer reviews the application and makes a determination.

If approved, the waiver covers the provincial court fees for your divorce filing — the $218.05 or $291.55 initiation fee, the $66.00 uncontested motion fee, and similar charges.

What the Waiver Does Not Cover

One fee that cannot be waived under any circumstances: the $10.00 federal processing fee required to register your divorce with the Central Registry of Divorce Proceedings in Ottawa. This fee is set by federal regulations, not provincial ones, and no provincial waiver authority can override it.

You'll also still be responsible for any costs outside the court system itself — hiring a process server ($50 to $150), obtaining a replacement marriage certificate, or getting documents sworn before a Commissioner of Oaths. Check with the registry about commissioning availability and any fee.

If Your Income Is Just Above the Threshold

The thresholds are relatively low, and many people in genuine financial difficulty won't quite qualify. A few options if you're close but over the line:

• File a Joint Application. At $218.05 plus the $10 federal fee, the Joint Application (Form 59.46) is the cheapest pathway. It eliminates service costs entirely since both spouses file together.
• Ask about installment arrangements. Some registries have informal practices for accepting fees in stages — it's not guaranteed, but it's worth asking.
• Contact Nova Scotia Legal Aid. Even if Legal Aid can't take your full case, they can sometimes help with specific steps or point you toward community legal clinics that assist with fee waiver applications.

Applying for the Waiver Alongside Your Divorce Filing

You don't need to get the waiver approved before filing. You can submit the waiver application and your divorce documents at the same time. If the waiver is approved, the filing proceeds without the fee. If it's denied, you'll need to pay before the registry opens your court file.

The practical move is to bring both your completed divorce paperwork and the fee waiver application to the registry together. That way, an approval means your filing moves forward immediately rather than requiring a second trip.

For the full filing sequence — including exactly which documents to bring, how many copies you need, and the deadlines you're working against — our Nova Scotia Divorce Filing Process Guide walks through each step from preparation to the final Certificate of Divorce.

See more Nova Scotia guides →