How Much Does Divorce Cost in Prince Edward Island
How Much Does Divorce Cost in Prince Edward Island
There's widespread misinformation online about PEI divorce costs — many national legal portals quote a flat $300, which isn't how the fees actually work. The real cost depends on whether you're filing a sole or joint petition, whether you handle it yourself or hire a lawyer, and whether you qualify for a fee waiver.
Court Filing Fees (Government Costs)
PEI divorce fees are set by Schedule 1 of the provincial Court Fees Act Fees Regulations and accumulate across the three filing stages:
| Filing Stage | Fee |
|---|---|
| Petition for Divorce (Form 70A or 70A*) | $100 |
| Federal Central Registry search | $10 |
| Notice of Motion for Judgment | $40 |
| Entering default (sole petition only) | $20 |
| Affidavit commissioning (per affidavit) | $10 |
| Certificate of Divorce | $25 |
Total for a sole uncontested divorce: approximately $210-$270, depending on how many affidavits need commissioning.
Total for a joint petition: approximately $175-$215 (no default entry fee, no service costs).
These fees are identical whether you file in Charlottetown or Summerside — there's no geographic variation.
Service of Process Costs
If you're filing a sole petition, you must have a third party serve your spouse. A friend or family member can do this for free. A professional process server or the provincial sheriff typically charges $50-$150, depending on how easy your spouse is to locate.
Lawyer Costs in PEI
Private family lawyers in Prince Edward Island typically charge $100-$350 per hour. Retainers for an uncontested divorce usually start at $1,750-$3,500. For contested divorces involving custody disputes or complex property division, total legal fees can reach $3,000-$7,000 or more.
The Legal Info PEI Divorce Form Builder — a non-profit document preparation tool — charges $200 but only handles sole uncontested applications. It doesn't support joint petitions.
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The Fee Waiver Most People Don't Know About
PEI doesn't advertise this prominently, but the Court Fees Act Waiver Regulations authorize the Prothonotary of the Supreme Court to waive or reduce filing fees for low-income litigants or anyone receiving provincial social assistance.
There's no standard form for this — you need to submit a written application directly to the Prothonotary at the time of your first filing. The application should include verified income and expense statements and proof of any social assistance you receive.
This can save you the entire $100 petition fee and potentially other fees throughout the process. If court costs are a barrier, ask the registry clerk about the Prothonotary waiver before paying.
Keeping Costs Down
The most expensive mistake isn't the fees themselves — it's getting your filing rejected. Each rejection means re-swearing affidavits ($10 each), correcting and resubmitting documents, and waiting weeks for the registry to re-process your file. Roughly 75% of self-represented filings in PEI contain errors that trigger rejection.
The PEI Divorce Filing Process Guide includes registrar review checklists and document assembly worksheets designed to get your filing accepted on the first attempt — avoiding the hidden costs of multiple trips to the courthouse.
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Download the Prince Edward Island — Divorce Filing Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.