How to Get a Divorce Fee Waiver in Nunavut

Filing for divorce in Nunavut costs $200 to $255 in court fees plus a $10 federal registry fee — before process server costs and copy fees. For low-income residents, these amounts can be a genuine barrier. Nunavut does not have a standardized online fee waiver application like some provinces, but two mechanisms exist to eliminate or reduce court fees.

Option 1: Judicial Fee Waiver

Under Section 7 of the Court Fees Regulations (C.R.Nu. R-042-2021), a judge of the Nunavut Court of Justice has broad discretionary authority to waive any court fee when financial hardship is demonstrated.

To request a judicial fee waiver:

1. Draft a motion requesting that the court waive the filing fees under Section 7 of the Court Fees Regulations.
2. Prepare a supporting affidavit sworn before a Commissioner of Oaths. The affidavit must detail your monthly income from all sources, your monthly expenses (housing, food, transportation, childcare), your assets, and your debts. The goal is to show that paying the court fees would create genuine financial hardship.
3. File the motion and affidavit at the Iqaluit Civil Registry (in person or by email to [email protected]).
4. Wait for the judge's decision. Fee waiver motions are typically decided on paper without a hearing.

There is no fixed income threshold — the judge exercises discretion based on the individual circumstances. Providing clear, honest documentation of your financial situation gives the motion the best chance of success.

Option 2: Legal Aid Exemption

Under Section 8 of the Court Fees Regulations, all court fees are automatically waived for any person receiving legal services through the Legal Services Board of Nunavut (Nunavut Legal Aid). If you qualify for and are accepted by Legal Aid, you pay nothing to the court.

Nunavut Legal Aid provides free legal representation primarily for family law matters involving children — custody disputes, child support enforcement, and protection orders. Divorce alone (without child-related issues) may not qualify for full representation, but if your case involves parenting or support, contact the Legal Services Board to apply.

Eligibility is income-based. The Legal Services Board sets maximum household income limits that are adjusted periodically. Contact them directly at nulegalaid.com or through the court registry for current thresholds.

What Fees Can Be Waived

Both mechanisms can waive:

• The initial filing fee ($200 to $255)
• The $10 federal registry fee
• Certified copy fees ($10 per document)
• Certificate of Divorce fee ($15)
• Sheriff service fees ($35 per attempt)
• Email/fax filing surcharges ($1 per page)

What Cannot Be Waived

Private process server fees ($50 to $150) are not court fees and cannot be waived by a judge. However, if you qualify for a fee waiver, the Office of the Sheriff may be available to serve documents at no cost as part of the broader exemption.

The Nunavut Divorce Filing Process Guide includes a fee schedule reference card and guidance on preparing the financial hardship affidavit for a judicial fee waiver.

See more Nunavut guides →