Prince Edward Island Divorce Checklist

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Prepared: 5/20/2026

Data updated: 3/1/2026

Estimated Timeline

3-6 months for an uncontested divorce in Prince Edward Island (including the mandatory 31-day appeal period after judgment), 12-24 months for a contested divorce requiring trial. The CDR clearance certificate takes approximately 3 weeks. You may file before the one-year separation period is complete, but the court cannot grant the divorce until 12 months of separation have elapsed.

Documents to Gather

Original Marriage Certificate or Certified True Copy
Signed Separation Agreement
Government-Issued Photo Identification
Proof of PEI Residency (12 consecutive months)
All Existing Court Orders
Children's Birth Certificates
Central Divorce Registry Clearance Certificate

Financial Documents

Last 3 Years of Income Tax Returns (T1 General)
Most Recent Canada Revenue Agency Notice of Assessment
Most Recent Employment Income Statement (T4/T4A)
Bank Statements for All Accounts (Last 12 Months)
Investment Account Statements (RRSP, RESP, TFSA, Non-Registered)
Pension Plan Statements and CPP Statement of Contributions
Real Property Appraisals and Mortgage Statements
Debt Records (Credit Cards, Loans, Lines of Credit)
Business Financial Statements (If Self-Employed)(if applicable)

Key Steps

1. Before Filing

Verify Residency Requirements Under the Divorce Act
Establish Grounds for Divorce Under the Divorce Act
Negotiate and Draft a Separation Agreement
Obtain Your Original Marriage Certificate
Gather Financial Records for Disclosure

2. Filing Process

Complete the Divorce Petition Forms
File the Petition at the Supreme Court Registry
Register with the Central Divorce Registry

3. After Filing

Serve Your Spouse with the Divorce Petition
Wait for the Respondent's Answer or Default Period
File the Petitioner's Affidavit and Motion for Judgment
Obtain the Divorce Judgment and Wait 31 Days
Request the Certificate of Divorce

Key Deadlines

Respondent must file Answer (served in PEI)20 days after service of the petition

Respondent must file Answer (served elsewhere in Canada or USA)40 days after service of the petition

Respondent must file Answer (served outside Canada and USA)60 days after service of the petition

Financial statements must be filed by respondentSame deadline as the Answer (20/40/60 days)

Central Divorce Registry clearance certificate issuedApproximately 3 weeks after filing

Divorce judgment takes effect31 days after the judgment is rendered

One-year separation period must be complete12 months from the date of separation

Quick Reference

To file for divorce in Prince Edward Island, you must first establish that at least one spouse has been habitually resident in PEI for one continuous year under Section 3(1) of the Divorce Act. File your Petition for Divorce (Form 70A for sole, Form 70A* for joint) at the Family Division of the Supreme Court of PEI at the Sir Louis Henry Davies Law Courts, 42 Water Street, Charlottetown. You will need your original marriage certificate, a signed separation agreement, and financial statements using Forms 70I(A) through 70I(D) if claiming support or property division. The court registers your petition with the Central Divorce Registry in Ottawa, which issues a clearance certificate within approximately 3 weeks. For sole petitions, serve your spouse personally — they have 20 days to file an Answer (Form 70D) if served in PEI. After any response period and once all documents are filed, submit Form 70P (Petitioner's Affidavit on Motion for Judgment). No court appearance is typically required for uncontested divorces. The Divorce Judgment (Form 70S) takes effect 31 days after it is rendered. Total timeline: 3-6 months for uncontested matters.