To file a joint divorce in Prince Edward Island, you must be separated for at least one year. You will file a Joint Petition for Divorce at the Supreme Court of Prince Edward Island, and court filing fees typically total around $270 CAD.
Filing for an uncontested joint divorce in Prince Edward Island is the most efficient way to legally end your marriage when both spouses agree on all terms. A joint petition means you and your spouse are working together, drastically reducing conflict and legal expenses. In this guide, we will walk you through the exact steps required to complete the process in PEI.
If you need assistance ensuring your paperwork is flawless, consider consulting a local Prince Edward Island lawyer from our directory to guide you through the local rules.
Step-by-Step Process in Prince Edward Island
Whether you reside in Charlottetown, Summerside, or Stratford, the divorce process is managed by the Supreme Court of Prince Edward Island. Because family law in PEI requires specific documentation, both parties must be entirely transparent with their financial disclosure. You also must have lived in PEI for at least 12 months before filing.
Step 1: Gathering Documents and Reaching an Agreement
Before filing any paperwork, you and your spouse must finalise a separation agreement. This document outlines your agreed-upon terms for property division, spousal support, and decision-making responsibility (formerly known as custody). You will also need your original marriage certificate and recent tax returns.
Step 2: Filling Out the Required Forms
For a joint divorce, you must complete the Joint Petition for Divorce and supporting affidavits. Many Islanders use the PEI Divorce Form Builder provided by Community Legal Information, which simplifies uncontested paperwork. Ensure all fields reflect the exact terms of your separation agreement.
Step 3: Filing at the Supreme Court of Prince Edward Island
Once your documents are signed and sworn in front of a Commissioner for Oaths or a lawyer, you must file them at the family registry of the Supreme Court. The court staff will review your package, and a judge will ultimately grant the divorce order if everything is in order.
How Much Does it Cost in Prince Edward Island?
An uncontested joint divorce is generally the most affordable option. However, you must still pay mandatory government fees:
- Court Filing Fees: The basic fee for filing a Petition is approximately $100 CAD, but total court fees for all required steps generally amount to $270 CAD.
- Divorce Form Builder: If you use the online PEI tool, it costs a flat fee of $200 CAD.
- Lawyer Fees: If you hire a lawyer to prepare and file the documents, flat-rate fees typically range between $1,500 and $2,500 CAD.
How Long Does the Process Take?
In PEI, a standard uncontested divorce usually takes between 3 and 6 months to process after filing. Keep in mind that a mandatory one-year separation period must be completed before the court will legally grant the divorce. Once the judge signs your Divorce Order, there is an additional 31-day waiting period before your Certificate of Divorce is issued.
Frequently Asked Questions (FAQ)
Do we have to go to court for a joint divorce?
Generally, no. If your divorce is completely uncontested and filed jointly, a judge at the Supreme Court of Prince Edward Island will review your documents in their chambers without requiring you to attend a hearing.
Can we use the same lawyer for a joint divorce?
No, a single lawyer cannot represent both spouses due to conflict of interest rules. One spouse can retain a lawyer to draft the Joint Petition, while the other spouse should seek independent legal advice from a different law firm.
What is the difference between decision-making responsibility and custody?
Under the updated Canadian Divorce Act, the term “custody” has been replaced with “decision-making responsibility” and “parenting time.” This language encourages cooperative parenting rather than a “winner takes all” approach.
Do we need to pay for a separation agreement?
While you can draft an agreement yourselves, it is highly recommended to have a lawyer draft or review it. A poorly drafted agreement can be overturned by a judge, costing you more time and money in the long run.
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