PEI Divorce Forms and Documents You Need

Every divorce in Prince Edward Island runs through a specific set of Rule 70 forms, filed in a strict sequence at the Supreme Court registry. The blank forms are available for free on the PEI courts website as fillable PDFs, but the court provides no guide explaining which forms to file when, or how to assemble them into a complete package.

Here's the full inventory, organized by filing stage.

Stage 1: Initiation

These documents open your court file:

• Petition for Divorce (Form 70A) — The primary document for a sole petition. If both spouses are filing together, use Form 70A* (Joint Petition) instead.
• Designation of Address for Service (Form 16A.1) — Tells the court where to send you official correspondence.
• Original Marriage Certificate — Must be the official Vital Statistics certificate, not a commemorative certificate from a church or officiant. If your marriage took place outside PEI, your Petitioner's Affidavit must include a specific paragraph identifying the certificate by title, date, place of issue, and issuing office.
• Letter to the Director of Child Protection — Required only if there are children of the marriage. Confirms the court has been notified of the children's existence.

Stage 2: Motion for Judgment

Filed after your spouse has been served and the response period has elapsed:

• Requisition to Note Default and Note of Default (Form 19A) — Officially bars your spouse from filing a late response without court permission.
• Notice of Motion for Judgment — Requests that a judge review the file at desk.
• Registrar's Certificate (Form 70R) — The registrar confirms there are no administrative deficiencies in your file.
• Petitioner's Affidavit (under Rule 70.19(5)) — Your sworn statement covering separation details, children, support arrangements, and property division. This is the document judges scrutinize most closely.
• Draft Divorce Judgment (Form 70S) — You submit the judgment you want the judge to sign, in original plus two copies.
• Financial Statements (Form 70I series) — Detailed income and asset disclosure. If both spouses agree to waive financial disclosure, file a Waiver of Financial Statements (Form 70J) instead.

Stage 3: Finalization

Filed after the 31-day appeal period following the signed Divorce Judgment:

• Requisition for Certificate of Divorce — Requests the final document.
• Draft Certificate of Divorce (Form 70T) — Submitted in original plus two copies.
• Final Petitioner's Affidavit — Confirms no reconciliation has occurred and no appeal has been filed since the judgment was signed.

Service-Related Forms

If you're filing a sole petition, you'll also need:

• Acknowledgement of Receipt Card (Form 16A) — Used when serving by registered mail. The respondent signs this to confirm receipt.
• Affidavit of Service (Form 16B) — The person who served your spouse swears this document before a commissioner, proving service was legally completed.

Common Form Mistakes

Using the wrong form version: Fillable PDFs on the court website occasionally fail to open properly in web browsers. Download them and open with Adobe Reader to avoid formatting errors.

Confusing PEI form numbers with other provinces: Form 70D in PEI is the Answer (respondent's response document). In Manitoba, Form 70D is a financial statement. Using a form from the wrong province will result in immediate rejection.

Missing the property waiver language: Even if both spouses agree not to divide assets, the Petitioner's Affidavit must explicitly state this agreement and acknowledge that property claims may be barred after the divorce is finalized. Omitting this specific paragraph is one of the most common reasons judges reject draft judgments.

The PEI Divorce Filing Process Guide includes document assembly checklists for each filing stage, showing exactly which forms go in each package and in what order.

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