Divorce Laws in Prince Edward Island: Complete 2026 Guide

Under the federal Divorce Act (R.S.C. 1985, c. 3, s. 8(1), as amended), there is only one ground for divorce in Canada, including Prince Edward Island: breakdown of the marriage. The Act establishes three ways to prove marriage breakdown under section 8(2): (a) the spouses have lived separate and apart for at least one year immediately before the divorce judgment is granted; (b) the spouse against whom the divorce proceeding is brought has committed adultery; or (c) the spouse against whom the proceeding is brought has treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses. The vast majority of divorces in PEI — as in the rest of Canada — proceed on the basis of a one-year separation, which is effectively a 'no-fault' ground. Under this ground, neither spouse needs to prove wrongdoing by the other. Spouses may live under the same roof during the separation period, provided they are living separate lives — for example, sleeping in separate rooms and not sharing meals or intimate relations. The Divorce Act permits a trial reconciliation period of up to 90 days during the one-year separation without restarting the clock. The fault-based grounds of adultery and cruelty are less commonly used because they require evidence to prove, which can be costly and emotionally difficult. If relying on adultery, the applicant cannot use their own adultery as a ground — only the other spouse's infidelity qualifies. Mental or physical cruelty must be sufficiently serious that it renders continued cohabitation intolerable. While fault-based grounds allow the filing of a divorce petition without waiting a full year, they often lead to contested proceedings and increased legal costs. It is important to note that while grounds for divorce are a matter of federal law under the Divorce Act, ancillary matters such as property division are governed by PEI's provincial Family Law Act. This means the same standards for granting the divorce apply uniformly across Canada, but the financial and property consequences of divorce are determined by the province in which the proceedings take place.

Under section 3(1) of the Divorce Act (R.S.C. 1985, c. 3), 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 one full year before the divorce petition is filed with the Supreme Court of Prince Edward Island. The term 'ordinarily resident' means that the province must be the place where the person regularly, normally, and customarily lives. It does not require continuous physical presence every single day, but PEI must be your settled, usual place of abode. Temporary absences — such as vacations or short business trips — do not interrupt ordinary residence. However, if you have only recently moved to PEI, you must wait until you have accumulated 12 months of ordinary residence before filing. If both spouses are ordinarily resident in different provinces and both meet the one-year residency requirement in their respective provinces, either spouse may file in their own province. If both spouses are resident in PEI, the proceeding must be commenced in PEI. There is no additional county-level residency requirement in PEI; the one-year provincial residency rule is the sole jurisdictional prerequisite. If neither spouse meets the PEI residency requirement, the Supreme Court of PEI will not have jurisdiction to hear the divorce.

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 net family property equalization regime that applies exclusively to legally married spouses. The fundamental principle is that both spouses have made equal contributions to the marriage — whether financial or through household management and child care — and are therefore entitled to an equal share of the net family property accumulated during the marriage. Net family property is calculated by determining each spouse's assets at the date of separation, subtracting their debts and the value of assets they brought into the marriage (excluding the matrimonial home). The spouse with the larger net family property owes the other spouse an equalization payment equal to half the difference between their respective net family properties. The value of assets acquired during the marriage that are still owned at separation is divided equally, and the increase in value of assets owned at the date of marriage is also shared equally. The court may deviate from equal division if it finds that equalization would be 'unconscionable,' having regard to factors such as a spouse's failure to disclose debts or assets, the deliberate depletion of net family property, or other circumstances that would make equal sharing grossly unfair. The matrimonial home receives special treatment and is subject to equal division regardless of when it was acquired or which spouse holds title. Both spouses have an equal right of possession of the matrimonial home, and neither may sell, mortgage, or otherwise encumber it without the other's consent or a court order. It is important to note that PEI's property division rules under the Family Law Act apply only to married spouses. Common-law partners are not entitled to the same automatic equalization of property, though they may pursue claims based on unjust enrichment or constructive trust through the courts. Spouses may also enter into domestic contracts — including marriage contracts, separation agreements, or cohabitation agreements — to determine their own property division arrangements, subject to limited court oversight.

Spousal support in Prince Edward Island may be ordered under either the federal Divorce Act (R.S.C. 1985, c. 3, s. 15.2) for married spouses who are divorcing, or under the provincial Family Law Act (R.S.P.E.I. 1988, c. F-2.1) for spouses (including qualifying common-law partners) who are separating. The objectives of spousal support under the Divorce Act include: recognizing any economic advantage or disadvantage arising from the marriage or its breakdown; apportioning the financial consequences of child-rearing; relieving economic hardship arising from the marriage breakdown; and promoting each spouse's economic self-sufficiency within a reasonable period. The Spousal Support Advisory Guidelines (SSAGs), while not legislated, are widely used by PEI courts and lawyers to calculate suggested ranges for both the amount and duration of spousal support. The SSAGs provide two formulas: the 'without child support' formula (based on the length of the marriage and the difference in spousal incomes) and the 'with child support' formula (which accounts for the impact of child support obligations). The court retains discretion to depart from SSAG ranges based on the specific circumstances of the case. Factors the court considers in determining spousal support include: the length of the marriage or cohabitation; the roles each spouse assumed during the relationship; the impact of those roles on each spouse's earning capacity; the age and health of each spouse; the means, needs, and circumstances of each party; existing support obligations; and any domestic contract between the spouses. Support may be awarded on a time-limited basis to facilitate a transition to self-sufficiency, or on an indefinite basis in long marriages where one spouse has been out of the workforce for an extended period. Under PEI's Family Law Act, common-law partners who have lived together in a conjugal relationship for at least three years, or who are the natural or adoptive parents of a child together, may apply for spousal support on the same basis as married spouses. The Maintenance Enforcement Program in PEI facilitates the collection and enforcement of court-ordered and agreement-based support payments.

Parenting arrangements in Prince Edward Island are determined under the federal Divorce Act (R.S.C. 1985, c. 3, as amended in 2021) for married parents and the provincial Children's Law Act for unmarried parents. The 2021 amendments to the Divorce Act replaced the outdated terms 'custody' and 'access' with 'parenting time' (the time a child spends with each parent) and 'decision-making responsibility' (the authority to make significant decisions about the child's health, education, culture, religion, and extracurricular activities). These terms better reflect the modern understanding that both parents continue their roles after separation. The paramount consideration in all parenting arrangement determinations is the best interests of the child, as set out in section 16 of the Divorce Act. The court considers a comprehensive list of factors, including: the child's needs and the ability of each parent to meet them; the nature and strength of the child's relationship with each parent and other significant persons; each parent's willingness to support the child's relationship with the other parent; the child's views and preferences (given appropriate weight based on age and maturity); the child's cultural, linguistic, religious, and spiritual upbringing; plans for the child's care; the history of care-giving; any family violence (which must be carefully assessed under specific criteria in the Act); and any civil or criminal proceedings relevant to the child's safety. PEI's Family Law Centre provides several services to help parents establish parenting arrangements. The Family Court Conciliation Office provides court-ordered assessments to assist the Supreme Court in determining appropriate parenting arrangements. The office also offers Child Focused Parenting Plan Mediation services to help parents settle parenting time and decision-making responsibility issues cooperatively. PEI also supports parenting coordination — a form of dispute resolution that may be ordered by the court or entered into voluntarily — to help high-conflict parents resolve ongoing disputes about parenting plans. The Divorce Act also addresses relocation, requiring a parent who wishes to move with a child to provide proper notice and, if the other parent objects, to seek a court order. The burden of proof on relocation depends on the existing parenting arrangement. PEI courts strongly encourage parents to develop detailed parenting plans that address scheduling, holidays, communication, transportation, and how future disagreements will be resolved.

Divorce proceedings in Prince Edward Island are filed with the Supreme Court of Prince Edward Island, which sits in Charlottetown and Summerside. To begin, the petitioning spouse must prepare and file a Petition for Divorce along with supporting documents, including a marriage certificate (or registration of marriage), any separation agreements, financial statements, and, if children are involved, a proposed parenting arrangement. The Community Legal Information Association of PEI (CLI) offers a Divorce Form Builder tool that helps self-represented litigants complete the required forms for uncontested divorces. Once the Petition is filed with the court and the filing fee is paid, the documents must be served on the other spouse (the respondent). Service can be effected personally or by an alternative method approved by the court. The respondent then has a specified period (typically 20 days if served within PEI, or 40 days if served outside the province) to file an Answer. If no Answer is filed, the divorce may proceed on an uncontested basis. For an uncontested divorce with no children, the matter may be resolved entirely on paper without a court appearance. If the divorce is contested, the case will proceed through case management, possible mediation, and ultimately a trial before a judge. As of January 2026, the cost of the CLI Divorce Form Builder tool or the paper divorce kit is $200. The court filing fee for a divorce petition is separate and typically ranges from approximately $200 to $350, depending on the nature of the filing and any additional motions. Additional costs may include fees for service of documents, financial disclosure, and, if applicable, parenting assessments. Consumers should verify current fees directly with the Registrar of the Supreme Court of PEI, as fees are subject to change. For divorces involving children, parents may be required or encouraged to attend the 'Positive Parenting from Two Homes' program offered through PEI's Family Law Centre. Parents who cannot agree on parenting arrangements may be referred to the Family Court Conciliation Office for mediation or court-ordered assessment. Child Support Guidelines Officers are also available to help unrepresented litigants prepare court documents for child support applications. The Supreme Court of Prince Edward Island is the court with exclusive jurisdiction to grant divorces in the province, pursuant to section 2(1) of the Divorce Act (R.S.C. 1985, c. 3), which designates the superior court of each province as the court competent to hear divorce proceedings. The Supreme Court sits in Charlottetown and Summerside and handles all family law matters arising under the Divorce Act, including parenting arrangements, child support, spousal support, and property division for married spouses. The Provincial Court of Prince Edward Island has limited jurisdiction in family matters and cannot grant divorces. However, certain child protection matters and some family-related criminal matters may be heard in Provincial Court. For property and support disputes involving common-law couples or matters not connected to a divorce proceeding, the Supreme Court also has jurisdiction under the provincial Family Law Act and the Children's Law Act. Appeals from decisions of the Supreme Court of Prince Edward Island are heard by the PEI Court of Appeal, which is the province's highest court. Further appeals on questions of national importance may be brought to the Supreme Court of Canada with leave. PEI's court system also benefits from several family justice services, including the Family Court Conciliation Office, which provides court-ordered assessments and mediation services to assist judges in determining appropriate parenting arrangements, and Child Support Guidelines Officers who assist unrepresented litigants.

The primary 'waiting period' in a PEI divorce is the one-year separation period required under section 8(2)(a) of the Divorce Act (R.S.C. 1985, c. 3) when proceeding on the no-fault ground of marriage breakdown through living separate and apart. The spouses must have been living separate and apart for at least one continuous year immediately before the divorce judgment is granted. This separation period must remain uninterrupted up to the time the Divorce Judgment is granted. Importantly, the Divorce Act allows spouses to attempt reconciliation during the separation period without resetting the clock. Under section 8(3), spouses may resume cohabitation for one or more periods totalling no more than 90 days in an effort to reconcile. If reconciliation fails, the time before and after the attempt is combined toward the one-year total. This provision encourages couples to explore whether reconciliation is possible without jeopardizing their right to divorce. Spouses do not need to wait the full year before beginning the divorce process. They can file a divorce petition with the Supreme Court of Prince Edward Island before the one-year period has elapsed, but the court will not grant the divorce until the full year of separation has been completed. This allows couples to begin preparing paperwork, negotiating arrangements, and resolving ancillary issues while the separation period runs. If proceeding on the fault-based grounds of adultery or cruelty, there is no mandatory one-year separation period, but the applicant must prove the alleged conduct, which can extend proceedings. After a divorce judgment is granted by the Supreme Court, the divorce becomes effective on the 31st day following the date of the judgment, unless both parties agree to waive the appeal period (and no appeal is filed). This 31-day period exists to allow either party to appeal the divorce order.