Court Filing Fees for a Divorce in Manitoba: What You Pay

If you are planning to handle your own divorce, the first question is usually how much the court will charge. The good news is that the main court fees are modest and clearly listed.

This article sets out the fees that are published, the smaller costs that can come with a divorce, and how to ask about help if the cost is hard for you. Always check the current amounts with the court before you file.

This article covers the law of Manitoba.

The main court fees

The fee for filing a petition for divorce in the Court of King's Bench (family matters) is $200, under the Court Services Fees Regulation. The same fee applies to a petition, application or statement of claim.

These amounts are listed by Manitoba Justice as effective February 1, 2022, so they may have changed since.

In Manitoba, a divorce is filed in the Court of King's Bench (Family Division). A sole application uses Form 70A (Petition for Divorce), and Rule 70 of the Court of King's Bench rules sets the required form of court documents for a divorce. Keep in mind that the Divorce Act applies to marriages, so common-law partners cannot obtain a divorce under it.

What about a joint petition?

Spouses who agree can file a joint petition using Form 70A.1, filed by a petitioner and a co-petitioner. Each spouse is a party to the application, and the joint petitioners file a Joint Petitioner Affidavit (Form 70M.1). The provincial fee page does not list a separate fee for a joint petition. Ask the court registry what you will be charged before you file, so there are no surprises.

A joint petition lets spouses apply for a divorce and any other relief they both agree on. It is not available if one party seeks relief the other does not consent to. If the joint petition claims support or property division, Parts 1 to 4 of the Form 70D financial statement must be attached to the joint petitioner affidavit.

Certificate of Divorce

A divorce takes effect on the thirty-first day after the judgment is rendered. A court officer must, on request, issue a certificate that the divorce took effect on a specified date.

You can order a Certificate of Divorce from the Court of King's Bench centre, by mail or in person, using the court file number from the top right corner of your documents. Fees can be paid by cash, certified cheque or money order. Many people need this certificate later, for example to remarry or update records, so it is worth budgeting for.

Other costs to plan for

Court fees are only part of the picture. Depending on your case, you may also face:

• A marriage certificate, which must be filed with a divorce.
• Copies of the divorce judgment: three copies for an uncontested sole petition, or three copies of the joint divorce judgment plus a stamped addressed envelope for each party in a joint divorce.
• The cost of a newspaper notice if your spouse cannot be found and the court allows substitutional service of that kind.
• Parenting cases, where the For the Sake of the Children Program must be attended as a prerequisite.
• Legal fees, if you hire a lawyer for all or part of the process, and extra costs if the case becomes contested and moves through triage and trial steps.

If your spouse does not agree, the respondent files an Answer in Form 70J. Form 70A tells a respondent to file an answer within 20 days if served in Manitoba, 40 days if served elsewhere in Canada or the U.S., and 60 days if served outside those countries. If no answer is filed, the applicant may submit evidence by affidavit, and uncontested divorce is excluded from the Triage/Case Management Model.

A contested case generally takes longer and can cost more. Trial is set within 12 to 15 months of the first case conference, and each party must file a Trial Readiness Certificate (Form 70S.3) no later than 45 days before the trial date. How much a contested case will cost you depends on your situation, so it is worth confirming with a lawyer.

Fee waivers and help with cost

If paying the court fees would be a hardship, ask the court registry in the Family Division whether any fee relief is available and what you would need to show. Eligibility rules and the application process are best confirmed directly with the court or with a lawyer, because they depend on your income and circumstances.

Also ask whether a legal-help service can assist with forms or give you a short consultation, which can reduce what you spend overall.

What to do next

• Phone or visit the court registry to confirm the current petition and certificate fees.
• Ask how a joint petition is charged, if you are applying together.
• Ask about fee relief before you pay, if cost is a problem.
• Order your marriage certificate and make the required copies.
• Set aside money for the Certificate of Divorce.
• Keep receipts for every payment.

Frequently asked questions