Divorce Checklist for Prince Edward Island

Under Section 3(1) of the federal Divorce Act (RSC 1985, c 3, 2nd Supp), at least one spouse must have been habitually resident in Prince Edward Island for a minimum of one continuous year immediately preceding the commencement of divorce proceedings. The Supreme Court of Prince Edward Island has jurisdiction to hear divorce matters only when this residency threshold is satisfied. Habitual residence means more than casual or temporary presence — the person must be living their ordinary life in Prince Edward Island with a settled intention to remain for an indefinite period. Gather documentation such as a PEI driver's license, property tax records, utility bills, lease agreements, or employment records showing your address and residency duration. If both spouses reside in different provinces, either may file where they individually satisfy the one-year requirement. Confirm your eligibility before incurring filing costs or completing court forms.

Section 8(2) of the Divorce Act recognizes marriage breakdown as the sole ground for divorce, demonstrated in one of three ways: living separate and apart for at least one year, adultery by the other spouse, or physical or mental cruelty making continued cohabitation intolerable. The one-year separation ground is by far the most common and does not require fault. You may file the petition before the full year of separation has elapsed, but the court cannot grant the divorce until 12 months of separation have passed. Living separate and apart does not necessarily require residing in different homes — spouses can be separated under the same roof if they have ceased functioning as a married couple in terms of shared meals, finances, sleeping arrangements, and social activities. Document your separation date carefully, as it determines when the divorce can be finalized. Adultery or cruelty grounds typically require a lawyer and corroborating evidence.

Before filing an uncontested divorce in Prince Edward Island, both spouses should reach agreement on all ancillary issues: division of property and debts under the Family Law Act (RSPEI 1988, c F-2.1), parenting arrangements and decision-making responsibility for any children under Section 16.1 of the Divorce Act, child support calculated under the Federal Child Support Guidelines (SOR/97-175), and spousal support. A written separation agreement is strongly recommended and should be signed by both parties. Under PEI's Family Law Act, matrimonial property includes the family home and other assets acquired during the marriage. The agreement should address pension division, RRSPs, debts, and any special or extraordinary expenses under Section 7 of the Federal Child Support Guidelines. If children are involved, the agreement must prioritize the best interests of the child as defined in Section 16 of the Divorce Act. An oral agreement is acceptable but less reliable — you must describe its terms in the petition.

The Supreme Court of Prince Edward Island requires an original marriage certificate or original registration of marriage to be filed with your divorce petition. If you were married in Prince Edward Island, you can request a certified copy from PEI Vital Statistics by visiting the office in Charlottetown or ordering online through the Government of PEI website. If you were married elsewhere in Canada, contact the vital statistics office of the province or territory where the marriage took place. For marriages outside Canada, you will need the original foreign marriage certificate, and depending on the country, it may require translation into English by a certified translator and notarization. The court will not accept photocopies — an original or certified true copy is mandatory. Processing times for replacement certificates vary by jurisdiction, so request your certificate well in advance of filing. PEI Vital Statistics charges a fee for issuing certified copies of marriage certificates.

If your divorce involves claims for child support, spousal support, or division of property under the Family Law Act (RSPEI 1988, c F-2.1), you must file financial statements with the court. Under Rule 70 of the PEI Rules of Civil Procedure, financial disclosure is required through Forms 70I(A) through 70I(D), covering income, expenses, special or extraordinary expenses, and property. Additionally, if child support is at issue, Section 21 of the Federal Child Support Guidelines requires an affidavit attaching copies of your last three tax returns, your most recent notice of assessment, and your most recent employment income statement. Compile bank statements, investment account records, pension statements, RRSP and RESP balances, mortgage documentation, and records of all debts. Complete and accurate financial disclosure is a legal obligation — the Supreme Court of Prince Edward Island has warned that delays in filing sworn financial statements may result in refusal to set a motion date or inflated income assessments.

For a sole petition, complete Form 70A (Petition for Divorce) from the Supreme Court of Prince Edward Island Rules of Civil Procedure. For a joint uncontested divorce where both spouses agree on all issues, complete Form 70A* (Joint Petition for Divorce). The petition must include the full legal names of both spouses, date and place of marriage, date of separation, grounds for divorce under Section 8(2) of the Divorce Act, and details of any children of the marriage. If claiming support or property division, you must also complete Forms 70I(A) through 70I(D) covering income, expenses, special expenses, and property. The CLIA Divorce Form Builder at legalinfopei.ca can assist self-represented litigants in completing uncontested divorce forms for $200. The traditional paper Uncontested Divorce Kit is also available. All forms are available as fillable PDFs from courts.pe.ca/forms. Do not alter the structure or wording of court forms — only fill in the requested information.

File your completed petition and all supporting documents at the Family Division of the Supreme Court of Prince Edward Island. The main courthouse is located at the Sir Louis Henry Davies Law Courts, 42 Water Street, Charlottetown, PE C1A 8B9. Prepare at least three copies of all documents: one for the court file, one for your own records, and one to serve on your spouse (not needed for joint petitions). You must file the original marriage certificate or certified true copy with the petition. The court clerk will review your documents for completeness, stamp them with the court file number, and collect the filing fee. Under PEI's Court Fees Act Fees Regulations (RSPEI 1988, c C-27.001, Schedule 1), filing fees apply for originating processes in the Supreme Court — confirm the exact amount with the court registry before attending, as fees are subject to change. Electronic filing is available under Practice Direction 46 by emailing documents to scfiling@courts.pe.ca with the Request to File Electronically form.

Under Section 26 of the Divorce Act and the Central Registry of Divorce Proceedings Regulations, every divorce application in Canada must be registered with the Central Divorce Registry (CDR) maintained by the Department of Justice Canada in Ottawa. The purpose of the CDR is to detect duplicate divorce proceedings between the same spouses. When you file your petition, the court clerk will complete Part 1 of the Registration of Divorce Proceedings Form and submit it to the CDR. The registry searches its database to confirm no other divorce proceeding is pending for the same marriage. A clearance certificate is typically issued within three weeks. In approximately 1% of cases, a duplicate proceeding is detected, and the court is notified. Your divorce cannot proceed until the CDR clearance certificate is received by the court. You do not need to contact the CDR directly — the court handles the registration and receives the clearance certificate on your behalf. The CDR maintains records of all divorce applications filed across Canada since July 2, 1968.

If you filed a sole petition using Form 70A, you must serve a copy of the petition and all filed documents on your spouse. Under Rule 70 of the PEI Rules of Civil Procedure, personal service is required — you cannot serve the documents yourself. Arrange for a person over the age of 18 (a friend, family member, or professional process server) to personally deliver the documents to your spouse. The server must hand the documents directly to the respondent spouse. After completing service, the server must swear an Affidavit of Service and ask the respondent to complete an Acknowledgment of Service. If your spouse cannot be located, you may apply to the court for an order permitting substitutional service (such as service by advertisement using Form 70C) or dispensing with service entirely. Service is not required for joint petitions filed under Form 70A*, as both spouses are co-petitioners. File the sworn Affidavit of Service at the court registry promptly after service is completed.

After service, the respondent spouse has a prescribed period to file an Answer (Form 70D) with the court. Under Rule 70 of the PEI Rules of Civil Procedure, the deadlines depend on where service occurred: 20 days if served within Prince Edward Island, 40 days if served elsewhere in Canada or the United States, or 60 days if served outside Canada and the United States. The respondent may alternatively file a Notice of Intent to Defend (Form 70H) within the same period, which grants an additional 10 days beyond the original deadline to file the Answer. If the respondent has claims for support or property, they must also file financial statements using Forms 70I(A) through 70I(D) within the same timeframe, whether or not they intend to defend the proceeding. If the respondent fails to file an Answer within the prescribed period, you may note the respondent in default using Form 70O (Requisition to Note Default and Notice of Motion for Judgment) and proceed with an uncontested divorce.

For an uncontested divorce (whether by joint petition, consent, or default), you must file Form 70P (Petitioner's Affidavit on Motion for Judgment), which provides sworn evidence supporting the divorce. This affidavit covers the facts of the marriage, the date and circumstances of separation, that the marriage has broken down irretrievably, and that adequate arrangements have been made for the support of any children of the marriage as required by Section 11(1)(b) of the Divorce Act. If children are involved, the court must be satisfied that reasonable parenting arrangements have been made in their best interests before granting the divorce. Attach your separation agreement, any existing court orders, and evidence of child support compliance. The Registrar reviews the documents and issues a Registrar's Certificate (Form 70R) confirming all procedural requirements have been met. The matter is then placed before a judge for review. In most uncontested PEI divorces, no court appearance is required — the judge reviews the file and grants the Divorce Judgment (Form 70S) on the papers alone.

Once the judge is satisfied that the marriage has broken down and that adequate arrangements exist for any children, the court grants the Divorce Judgment (Form 70S). Under Section 12(1) of the Divorce Act, the divorce does not take effect until the 31st day after the judgment is rendered. This 31-day period serves as the appeal window — either spouse may appeal the judgment to the Prince Edward Island Court of Appeal during this time. If both spouses agree in writing that no appeal will be taken and special circumstances exist, the court may order an earlier effective date under Section 12(2) of the Divorce Act. If an appeal is filed, the divorce remains pending until the appeal is resolved. After the 31-day period expires without an appeal, the divorce is final and legally effective. Neither spouse may remarry until the divorce has taken effect. The judgment is registered with the Central Divorce Registry, updating the national record.

After the 31-day appeal period has passed and the divorce has taken effect, you may obtain a Certificate of Divorce (Form 70T) by filing a Requisition for Certificate of Divorce (Form 70U) at the Supreme Court Registry. The Certificate of Divorce is the official legal document confirming that your marriage has been dissolved and the date the divorce became effective. This certificate is distinct from the Divorce Judgment — the judgment is the court order granting the divorce, while the certificate confirms it has taken legal effect. You will need the Certificate of Divorce to remarry in Canada or abroad, to update your legal name on government documents, and for immigration or other legal purposes. The court charges a fee for issuing the certificate. Keep the original certificate in a safe place and request additional certified copies if needed for government agencies or financial institutions. The court retains the divorce file, and the Central Divorce Registry in Ottawa maintains a permanent record of the proceeding.