How to Apply for a Court Fee Waiver for Divorce in Alberta

Starting a divorce or a family claim costs money before you have even spoken to a lawyer. If your income is low, the filing fee can be a real barrier, and many people do not realize the court has a process for this.

This article explains what a fee waiver is, how household income is measured, what you need to bring, and what a waiver will not cover. The rules and figures can change, so confirm them with the court before you file.

This article covers the law of Alberta.

What a court fee waiver is

A fee waiver lets a person who cannot afford court filing fees file without paying them. To apply, you complete the Application for Fee Waiver and Statement of Finances form and submit it at the court where you plan to file your documents.

In Alberta, the Court of King's Bench has sole jurisdiction over divorce and property division, and it also handles child and spousal support and parenting. For a divorce claim, that is the court where you would plan to file, and the form is submitted at the court where you plan to file.

What the fees are

Knowing the amounts helps you see what a waiver could save. The commencement fee for a Statement of Claim for Divorce in the Court of King's Bench 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, a response under the Family Law Act has no fee, and an application in the course of an action in King's Bench is $100.

Fee amounts can be updated, so check the current Government of Alberta court fees list before you file.

Income limits and who counts as household

Eligibility is based on gross household income, meaning income before tax. The thresholds are set by household size.

The 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. Count your household carefully, because the size changes which threshold applies.

What to bring when you apply

The court needs proof of income. Gather these before you go:

• 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.

Limits and exceptions to know about

• You cannot get a fee waiver if you are representing a business or an estate.
• A waiver covers court filing fees only. You may still owe other costs such as search requests or photocopying.
• 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.
• A waiver does not remove the risk of a costs award. A court can order the unsuccessful party in an application or proceeding to pay costs, although costs are discretionary.

If you have a lawyer, they may be able to 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 client holding a Legal Aid certificate. Proof of fee-exempt status is required at filing.

What to do next

• Add up your gross household income and compare it to the table for your household size.
• Collect your proof of income for you and any partner in the household.
• Complete the Application for Fee Waiver and Statement of Finances form.
• Submit it at the court where you plan to file your documents.
• Call the Court and Justice Services Contact Centre at 1.855.738.4747 for help with court forms and filing.

Family court counsellors can help people without a lawyer prepare for court and explore options. Note that the government's fillable PDF forms may not open properly on some mobile devices and browsers, so use a computer if you can. A lawyer can also confirm whether a waiver suits your situation.

Frequently asked questions