Divorce Resources in Prince Edward Island

To file for divorce in Prince Edward Island, you must commence proceedings in the Supreme Court of Prince Edward Island (Family Section) under the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.). At least one spouse must have been habitually resident in Prince Edward Island for a minimum of one year immediately before filing, as required by section 3(1) of the Divorce Act. The sole ground for divorce is marriage breakdown, demonstrated by living separate and apart for at least one year, adultery, or physical or mental cruelty under section 8 of the Divorce Act. You do not need to wait until the full year of separation has passed before beginning the process, but the divorce judgment cannot be granted until the one-year period is complete.

Complete Form 70A (Petition for Divorce) for a sole application or Form 70A* (Joint Petition for Divorce) if both spouses agree to file together. Filing jointly is faster, less adversarial, and less expensive. You must attach an original or certified copy of your marriage certificate or registration of marriage, copies of all existing court orders or separation agreements, and a description of any oral agreements with their dates. If your divorce involves claims for child support, spousal support, or property division under the Family Law Act, R.S.P.E.I. 1988, Cap. F-2.1, you must also complete the financial disclosure forms: Form 70 I(A) Statement of Income, Form 70 I(B) Statement of Expenses, and Form 70 I(D) Statement of Property.

File all completed documents with the Supreme Court of Prince Edward Island at the Sir Louis Henry Davies Law Courts in Charlottetown or the Summerside courthouse. Documents may also be filed electronically by completing the Request to File Electronically or by Facsimile form and emailing documents to scfiling@courts.pe.ca. Payment of court filing fees is required upon filing as set out in Schedule 1 of the Court Fees Act Fees Regulations, R.S.P.E.I. 1988, Cap. C-27.001. A $10 federal Central Registry of Divorce Proceedings fee must also be included with the application. Unless you filed jointly, you must serve the divorce petition on your spouse through a person over 18 years of age who is not a party to the action. After service, file proof of service with the court and await the respondent's answer or note default under Rule 70 of the Supreme Court Rules.

Prince Edward Island offers the Positive Parenting from Two Homes program for parents who are separating, divorcing, or parenting from two homes. The program teaches parents to understand their own feelings and their children's needs, and to develop a cooperative relationship with the other parent. A children's version, Positive Parenting from Two Homes for Kids, is offered as a school-based program at various schools across the province. For high-conflict separations, the New Ways for Families program provides online or in-person training on managing high-conflict situations; families must receive a referral to participate. While participation is not universally mandatory under PEI law, the court or the Office of the Children's Lawyer may refer families to parent education programming under the Family Law Act, R.S.P.E.I. 1988, Cap. F-2.1. Contact the Family Law Centre at 902-368-6220 for enrollment.

The Family Court Conciliation Office provides Child Focused Parenting Plan Mediation services to help parents resolve disputes about parenting time and decision-making responsibility. Mediation is available as a voluntary process under the Family Law Act, R.S.P.E.I. 1988, Cap. F-2.1, where a neutral mediator assists parents in reaching agreements in the best interests of their children. While mediation is not mandatory for all divorce proceedings, the court may order mediation or appoint a mediator to assist in disputes between co-parents. The court may also order Parenting Coordination as an alternative form of family dispute resolution. The Supervised Parenting Time and Exchange Program is provided at no cost through the Family Court Conciliation Office at the Family Law Centre in Charlottetown, with additional sites in Summerside, O'Leary, Kensington, Montague, and Souris. Contact the Family Law Centre at 902-368-6220.

Financial disclosure is mandatory in PEI divorce proceedings involving claims for child support, spousal support, or property division. Under Rule 70 of the Supreme Court Rules and the Family Law Act, R.S.P.E.I. 1988, Cap. F-2.1, parties must complete and exchange financial statements within 30 days of commencing or receiving a claim. The required forms are: Form 70 I(A) Statement of Income, Form 70 I(B) Statement of Expenses, Form 70 I(C) Statement of Special or Extraordinary Expenses (for child-related special expenses under the Federal Child Support Guidelines), and Form 70 I(D) Statement of Property (for property division claims). Supporting documentation includes the last three years of income tax returns and notices of assessment, bank statements, credit card statements, property appraisals, pension valuations, mortgage documents, and business interest valuations. If no support or property claims are made, both parties may file a Form 70J Waiver of Financial Statements. Failure to provide complete financial disclosure may result in cost consequences, fines, and agreements or orders being set aside.