Alberta Court Fee Waivers for Divorce and Family Filings

Court fees can feel like one more barrier when money is already tight after a separation. In Alberta, a person with a low income may be able to have filing fees waived, including fees for a divorce or a family application.

This article explains the fees involved, who may qualify, what to bring and what a waiver does not cover. Only the court decides whether a waiver is granted, so use this as a guide to preparing.

This article covers the law of Alberta.

What the filing fees are

In the Court of King's Bench, the commencement fee for a Statement of Claim for Divorce is $310, which includes a $10 fee to register with the Central Registry of Divorce Proceedings in Ottawa. A claim under the Family Law Act is $100, and a response under the Family Law Act has no fee. An application in the course of an action in King's Bench is $100.

Fees can change, so confirm the current amount with the court before you file. Older instruction sheets may show different figures.

Who may qualify

The test is based on your gross household income and the number of people in your household. The thresholds are below.

For this purpose, family living in your household includes relatives by blood or marriage, common-law or interdependent adult partners, and children by blood or adoption if you have at least 50% custody. You cannot get a fee waiver if you are representing a business or an estate.

How to apply and what to bring

Complete the Application for Fee Waiver and Statement of Finances form and submit it at the court where you plan to file your documents. Bring the following.

• Your most recent tax return or notice of assessment, or pay stubs or other proof of income for the last 3 months for all income sources.
• Proof of income for the last 3 months for your spouse, common-law partner or adult interdependent partner.
• If you are unemployed, proof of your income source and amount, such as an Employment Insurance or Social Allowance statement.

What a waiver does not cover

A fee waiver covers court filing fees only. You may still owe other costs, such as search requests or photocopying. Costs awards between the parties are a different topic from filing fees. A successful party is generally entitled to a costs award against the unsuccessful party, but that is subject to the Court's discretion, so costs in family cases are discretionary, not automatic. How this applies to you depends on your situation, so it is worth confirming with a lawyer.

For court-directed parenting services such as Parental Conflict Intervention and Bi-Lateral Custody Assessments, the parties pay for the assessment but may qualify for a subsidy.

If a lower court granted your waiver and you appeal to a higher court, bring your approved form to the Registry office where you file the appeal.

If you have a lawyer, they can file through the King's Bench Family & Divorce Filing Digital Service when a fee exemption applies, such as a granted, signed fee waiver or a Legal Aid certificate, and proof of fee-exempt status is required at filing.

What to do next

Add up your household income and count the people in your household using the definition above. Compare the result with the table. If you are close to a threshold, apply anyway and let the court decide, or ask a lawyer how your income is counted.

Collect your documents before you go to the court. Allow time to apply before any deadline for filing, and ask a lawyer if a deadline is close. These sources of help may also be useful:

• The Court and Justice Services Contact Centre, 1.855.738.4747, 8:15 am to 4:30 pm Monday to Friday (closed statutory holidays), offers help with court forms and filing.
• Family court counsellors help people without a lawyer prepare for court and explore options; offices are open 8:15 am to 4 pm, Monday to Friday, for example Calgary at 403-297-6981 and Edmonton at 780-427-8343.
• Legal Aid Alberta has an information line at 1.866.845.3425.

Frequently asked questions