Courts, Forms & Fees

In Canada divorce courts go under different names depending on which province you are in. Interestingly, although there are courts called “Family” Courts in many provinces, these are lower courts and cannot hear divorces. Only superior courts have the authority to handle divorce cases. Here is a list of the divorce courts in each province and the document you need to file to begin a divorce proceeding:

British Columbia	Supreme Court	Writ of Summons & Statement of Claim
Alberta	Court of Queen’s Bench	Statement of Claim
Saskatchewan	Court of Queen’s Bench	Petition
Manitoba	Court of Queen’s Bench	Petition
Ontario	Superior Court	Application
Quebec	Superiour Court	Application
New Brunswick	Court of Queen’s Bench	Petition
Nova Scotia	Supreme Court	Petition
PEI	Supreme Court	Petition
Newfoundland	Supreme Court	Originating Application
Nunavut	Supreme Court	Petition
Northwest Territories	Supreme Court	Petition
Yukon	Supreme Court	Statement of Claim

Although the documents have different names and do not look alike, they do contain the same basic information. Other documents such as a sworn written statement usually called an affidavit collect further information which the court requires before granting the divorce. The actual divorce document is called an Order or a Judgment. It is signed by the judge and makes the divorce official once 31 days have past since it was signed. Then a person is entitled to receive a Certificate of Divorce which confirms that you are divorced.

The most important thing that differs widely among the provinces is the amount the courts charge as a filing fee. To get divorced in Ontario, for example, you will need to pay the court well over $400 while getting divorced in PEI will cost you less than $100. These filing fees are in addition to any other expenses, whether you are doing your own divorce or you have hired a lawyer. However, in most provinces you can request a waiver of fees if your income is low enough so if you think you might qualify, don’t forget to ask.