Fee Waiver for Divorce in Saskatchewan: How to Qualify

Court fees for a Saskatchewan divorce total CA$405 — CA$300 to file the Petition, CA$95 for the Application for Judgment, and CA$10 for the Certificate of Divorce. If you are on a low income, The Fee Waiver Act and The Fee Waiver Regulations provide a way to eliminate these fees entirely.

Who Qualifies

To obtain a Fee Waiver Certificate, you must meet at least one of these criteria:

You are receiving provincial income assistance — specifically, benefits under The Saskatchewan Assistance Act or The Training Allowance Regulations. If you are currently on social assistance, you are automatically eligible.

You are receiving legal aid or community legal services — this includes representation through Legal Aid Saskatchewan or through CLASSIC (Community Legal Assistance Services for Saskatoon Inner City). If a legal aid lawyer or community legal clinic is handling your case, you qualify.

You can demonstrate extreme financial hardship — this covers situations where you are financially dependent on the opposing spouse who controls all family assets, or where your income is too low to pay court fees but you do not qualify for provincial assistance or legal aid.

What Gets Excluded From the Financial Assessment

The fee waiver assessment is more generous than you might expect. The following are completely excluded from the calculation of your personal assets:

• Your primary residence
• Basic clothing
• Essential household furnishings

This means owning a modest home does not disqualify you. The assessment focuses on liquid assets and income, not the roof over your head.

Who Does Not Qualify

You are strictly ineligible for a fee waiver if you have entered into a contingency fee agreement with a lawyer — an arrangement where the lawyer's fees are paid from the outcome of the case. You are also ineligible if you have a private retainer agreement where you are not directly responsible for paying court disbursements (i.e., the lawyer's firm is absorbing those costs).

How to Apply

The application is submitted directly to the Local Registrar at the Court of King's Bench judicial centre where your divorce action is filed (or will be filed). The process:

1. Request the fee waiver application form from the Local Registrar's office
2. Complete the application with details about your income, assets, and financial situation
3. Attach supporting documentation — income assistance letters, legal aid confirmation, pay stubs, bank statements
4. Submit the confidential application to the Local Registrar for review

The application is treated as confidential. The opposing spouse does not receive a copy and is not notified of your fee waiver status.

What the Certificate Covers

If approved, the Fee Waiver Certificate exempts you from paying:

• The CA$300 Petition filing fee
• The CA$95 Application for Judgment fee
• The CA$10 Certificate of Divorce fee
• Any document certification costs

This saves CA$405 in direct court fees. It does not cover process server fees (CA$75 to CA$150 for sole petitions), the CA$30 certified marriage certificate from eHealth Saskatchewan, or any mediation or legal costs.

Timing

Apply for the fee waiver before you file your Petition. If you file and pay the fees first, you cannot retroactively recover them with a waiver. The Local Registrar's office can process the application before your divorce action formally begins.

If your financial situation changes after receiving the certificate — for example, you receive an inheritance or your income increases substantially — the waiver may be reviewed. But in practice, certificates issued at the time of filing are honoured through to completion of the case.

For the full filing process including fee waiver timing, see the Saskatchewan Divorce Filing Process Guide.

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