Fee Waiver for Divorce in Yukon: How to Apply for Indigency Status

The standard filing fee for a divorce in the Yukon is CA$140 plus CA$10 for the Central Registry of Divorce Proceedings — CA$150 before you even arrange service of process. For someone in financial hardship, especially while dividing a modest marital estate, this is a genuine barrier.

Unlike some Canadian provinces that offer a simple fee-waiver form at the counter, the Yukon requires a formal application for Indigency Status through the Supreme Court.

What Indigency Status Covers

If approved, indigency status waives the court-specific registry filing fees for your case. This includes the $140 commencement fee, and can extend to subsequent registry fees like filing a Notice of Trial or requesting certified copies.

What it does not cover: Indigency status only applies to fees payable to the Territorial Treasurer through the court registry. It has no legal authority over third-party costs — private process servers, notary fees, property appraisers, or any other service provider outside the court system. The Sheriff's Office service fee (CA$50) is a court fee and would typically be covered, but confirm this when your application is approved.

How to Apply

The application is made ex parte, meaning you file it without notifying the other spouse. You need three documents:

Form 3 — Requisition for Order: This requests the court to waive fees. It must cite the specific legal authority: Appendix C, Schedule 1, Item S1 of the Rules of Court. State clearly whether you are seeking a waiver for a single filing or for the entire proceeding.

Form 59 — Affidavit: This is the heart of your application. It must include a detailed, sworn statement of your financial situation: your assets, liabilities, monthly income from all sources, and monthly living expenses. The affidavit must be notarized (sworn before a Notary Public or Commissioner for Oaths). Attach a copy of the unsigned document you intend to file (such as your Form 91A Statement of Claim) as an exhibit — this demonstrates that your underlying case has legal merit.

Form 54 — Order Without Notice: A typed draft order that states no court fee shall be payable by you to commence or continue the proceeding. This is what the judge signs if they approve your application.

What the Judge Looks For

The judge evaluates whether your financial circumstances genuinely prevent you from paying the standard fees. Expect scrutiny of:

• Your income (employment, government benefits, support payments)
• Your liquid assets (bank accounts, investments)
• Your fixed expenses (rent, utilities, food, transportation)
• Whether paying the filing fees would cause genuine hardship

This is not a rubber-stamp process. You need to be thorough and honest. An incomplete or vague financial affidavit will likely be returned for more detail.

Other Free and Low-Cost Resources

Even without a fee waiver, several free services can reduce your overall divorce costs:

Yukon Family Mediation Service: Free government-funded mediation for parenting and support disputes. If you and your spouse can reach agreement through mediation, you avoid the costs of contested litigation entirely.

Yukon Legal Services Society (Legal Aid): Provides legal representation to qualifying low-income residents. Legal Aid generally covers cases involving custody, domestic violence, and complex family law matters. It typically does not cover simple uncontested divorces, but the intake assessment is free.

YPLEA Law Line: Free legal information by phone. Staff can explain procedures and forms but cannot give you legal advice or fill out documents.

Family Law Information Centre (FLIC): Free procedural guides, brochures, and blank court forms. Located at the Law Centre on Second Avenue in Whitehorse.

The Yukon Divorce Filing Process Guide includes a cost tracking worksheet that covers every fee and disbursement, including the indigency status application steps.

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