Introduction
Going through a divorce is one of life's most challenging transitions, and understanding the legal process can help ease some of the uncertainty. If you or your spouse live in Prince Edward Island (PEI), the divorce process is governed by a combination of federal and provincial laws. The federal Divorce Act (R.S.C. 1985, c. 3, as amended) sets out the rules for obtaining a divorce, establishing parenting arrangements, and determining spousal support, while the provincial Family Law Act (R.S.P.E.I. 1988, c. F-2.1) governs the division of property.
This guide provides a thorough overview of the divorce process in Prince Edward Island, including the grounds you must establish, residency requirements, how property is divided, how parenting arrangements are determined, what to expect regarding spousal support, and the step-by-step filing process. Whether your separation is amicable or contested, this resource will help you understand your rights and obligations under the law.
Please note: This guide is for general informational purposes only and does not constitute legal advice. Every family situation is unique, and you should consult with a qualified Prince Edward Island family law lawyer for guidance tailored to your circumstances.
Grounds for Divorce
Under section 8(1) of the federal Divorce Act, there is only one ground for divorce in Canada, including Prince Edward Island: breakdown of the marriage. However, the Act provides three ways to establish that your marriage has broken down:
1. Separation for at Least One Year
The most common basis for divorce is living separate and apart from your spouse for a continuous period of at least one year. You can file your divorce application before the one-year period has elapsed, but the court will not grant the divorce until at least 12 months of separation have passed. It is also important to note that "living separate and apart" does not necessarily require living in different homes — in some cases, spouses may be considered separated even while residing under the same roof, provided they have clearly ended their marital relationship.
2. Adultery
A spouse may seek divorce on the ground that the other spouse committed adultery. If you rely on this ground, no separation period is required. However, you cannot base your claim on your own adultery. The spouse alleging adultery must provide sufficient evidence to satisfy the court.
3. Physical or Mental Cruelty
A divorce may also be granted if one spouse has treated the other with physical or mental cruelty of such a kind as to render continued cohabitation intolerable. As with adultery, no separation period is required when relying on cruelty. The court will carefully assess the evidence to determine whether the threshold for cruelty has been met.
In practice, the vast majority of divorces in Prince Edward Island — and across Canada — are granted on the basis of a one-year separation. The no-fault approach avoids the need to prove fault-based allegations, which can increase conflict, legal costs, and emotional strain.
Residency Requirements
Under section 3(1) of the Divorce Act, a court in a province has jurisdiction to hear a divorce proceeding only if either spouse has been ordinarily resident in that province for at least one year immediately preceding the commencement of the proceeding. This means that to file for divorce in Prince Edward Island, either you or your spouse must have been living in PEI for at least 12 continuous months before the divorce application is filed.
If neither spouse meets this residency requirement in PEI, you will need to file in the province or territory where the requirement is satisfied. There is no requirement that the marriage took place in Prince Edward Island — only that at least one spouse has resided there for the requisite period.
Property Division
Property division upon divorce in Prince Edward Island is governed by Part I of the provincial Family Law Act (R.S.P.E.I. 1988, c. F-2.1). The Act establishes a framework for the equitable division of family property accumulated during the marriage.
The Matrimonial Property Regime
PEI's Family Law Act operates on the principle that spouses are entitled to an equal sharing of matrimonial property. Matrimonial property generally includes assets acquired by either spouse during the marriage, with certain exceptions. The family home — referred to as the matrimonial home — receives special treatment under the Act, and both spouses typically have equal rights to it regardless of whose name is on the title.
Exempt Property
Certain categories of property may be exempt from division, such as:
- Property owned by a spouse before the marriage
- Gifts or inheritances received by one spouse during the marriage (provided they were kept separate)
- Certain personal injury awards
However, any increase in the value of exempt property during the marriage may be subject to division.
Unequal Division
While the starting point is equal division, the court has the discretion to order an unequal division of property if an equal division would be inequitable, taking into account factors such as the duration of the marriage, the contributions of each spouse (including non-financial contributions like homemaking and child-rearing), and any deliberate depletion of assets by one spouse.
Domestic Contracts
Spouses may enter into a domestic contract, such as a prenuptial agreement or separation agreement, that sets out how property will be divided. The court will generally uphold these agreements provided they were entered into voluntarily, with full financial disclosure, and without undue influence.
Parenting Arrangements
When a divorcing couple has children, one of the most significant aspects of the process is determining parenting arrangements and decision-making responsibility. Under the Divorce Act, the best interests of the child are the only consideration when the court makes orders about parenting.
Best Interests of the Child
The Divorce Act sets out a comprehensive list of factors the court must consider when determining the best interests of the child, including:
- The child's needs, given their age and stage of development
- The nature and strength of the child's relationship with each parent, siblings, and other significant people
- Each parent's willingness to support the child's relationship with the other parent
- The child's cultural, linguistic, religious, and spiritual upbringing and heritage
- The child's views and preferences, taking into account their age and maturity
- Any history of family violence and its impact on the child and the parent's ability to care for the child
Decision-Making Responsibility
Decision-making responsibility refers to the authority to make significant decisions about the child's well-being, including decisions about health, education, culture, language, religion, and significant extracurricular activities. The court may allocate decision-making responsibility to one parent, both parents jointly, or divide specific areas of responsibility between parents.
Parenting Time
Parenting time refers to the time that a child spends in the care of each parent. The court may establish a parenting schedule that sets out the time each parent spends with the child, including regular schedules, holidays, and special occasions. Both parents with parenting time have the right to make day-to-day decisions affecting the child while the child is in their care.
Parenting Plans
Spouses are encouraged to develop a parenting plan cooperatively, either on their own or with the assistance of a mediator or family law professional. A well-crafted parenting plan can reduce future conflict and provide stability for children. If the parents cannot agree, the court will impose an arrangement based on the best interests of the child.
Spousal Support
Spousal support (sometimes referred to as alimony) may be awarded under the Divorce Act to address any economic advantage or disadvantage arising from the marriage or its breakdown. The objectives of a spousal support order include:
- Recognizing any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown
- Apportioning between the spouses any financial consequences arising from the care of the children
- Relieving any economic hardship arising from the breakdown of the marriage
- Promoting the economic self-sufficiency of each spouse within a reasonable period of time
Determining Support
The court considers factors such as the length of the marriage, the roles adopted by each spouse during the marriage, each spouse's income and earning capacity, age, health, and the standard of living during the marriage. The Spousal Support Advisory Guidelines (SSAGs) are often used in PEI to calculate suggested ranges for the amount and duration of support, although they are not legally binding.
Variation of Support
Spousal support orders may be varied (changed) if there is a material change in circumstances, such as a significant change in income, retirement, re-partnering, or a change in health.
Filing Process
The following is a general overview of the steps involved in filing for divorce in Prince Edward Island:
Step 1: Prepare Your Documents
You will need to complete and file a Petition for Divorce (or Application for Divorce) along with supporting documents, including a marriage certificate, a completed financial statement, and any proposed parenting arrangements or separation agreements. If children are involved, you will also need to complete the required affidavit material regarding parenting arrangements.
Step 2: File with the Supreme Court of Prince Edward Island
Divorce proceedings in PEI are filed with the Supreme Court of Prince Edward Island. You will submit your documents to the court registry and pay the applicable filing fee, which ranges from approximately $200 to $350 as of February 2026. Be sure to verify the current fee with your local clerk, as amounts may change.
Step 3: Serve Your Spouse
After filing, you must serve (deliver) the divorce documents to your spouse in accordance with the court rules. Your spouse then has an opportunity to respond. If your spouse does not respond within the specified timeframe, you may proceed on an uncontested basis.
Step 4: Negotiate or Litigate
If both spouses agree on all issues — including property division, parenting arrangements, and support — the divorce can proceed as uncontested, which is generally faster and less expensive. If there are unresolved disputes, the matter may require mediation, case conferences, or a trial before a judge.
Step 5: Obtain the Divorce Judgment
Once the court is satisfied that the grounds for divorce have been established and that adequate arrangements have been made for the children (if applicable), the court will issue a Divorce Judgment.
Step 6: Wait for the Appeal Period
The divorce does not become final immediately. There is a 31-day appeal period after the judgment is granted. Once this period passes without an appeal, the divorce becomes absolute, and you are legally free to remarry.
Timeline and Costs
Timeline
The timeline for a divorce in PEI varies significantly depending on whether the process is contested or uncontested:
- Uncontested divorce: If both spouses agree on all issues and the one-year separation requirement has been met, an uncontested divorce may be finalized in approximately 3 to 6 months from the date of filing, plus the 31-day appeal period.
- Contested divorce: If disputes must be resolved through negotiation, mediation, or trial, the process can take 12 months to several years, depending on the complexity of the issues.
Costs
- Court filing fee: Approximately $200 to $350 (verify with your local court clerk as of the date of filing).
- Legal fees: These vary widely depending on the complexity of your case and whether the divorce is contested. An uncontested divorce handled by a lawyer may cost between $1,500 and $3,500, while contested proceedings can cost significantly more — potentially $10,000 to $50,000 or higher in complex cases.
- Mediation fees: If you use a private mediator, fees typically range from $150 to $300+ per hour, shared between both parties.
- Other costs: You may also incur expenses for process serving, financial appraisals (e.g., real estate or business valuations), and other professional services.
Budgeting carefully and exploring alternative dispute resolution methods such as mediation or collaborative family law can help manage costs.
Legal Disclaimer
This guide is provided for general informational purposes only and does not constitute legal advice. The information contained herein is based on laws and procedures in effect as of the date of writing and may be subject to change. Every divorce involves unique circumstances, and the outcome of any particular case depends on its specific facts.
You should consult a qualified family law lawyer in Prince Edward Island before making any decisions about your divorce. A lawyer can provide advice tailored to your situation, help you understand your rights and obligations, and guide you through the legal process. If you cannot afford a lawyer, you may be eligible for legal aid through Community Legal Information Association of PEI (CLIA) or Legal Aid PEI.
Nothing in this guide creates a solicitor-client relationship between the reader and the publisher.