Manitoba Divorce Court Filing Fees and Other Costs Explained

If you are watching your budget, the first question is usually how much the court charges just to start a divorce. The answer is a fixed fee, but it is not the only cost you may meet along the way.

This article walks through the court fees, the smaller costs that can add up, and what to ask the court office if money is tight.

This article covers the law of Manitoba.

The filing fee for a divorce petition

In Manitoba a divorce is filed in the Court of King's Bench (Family Division). The fee for filing a petition for divorce is $200. The same fee applies to a petition, application or statement of claim in family matters.

The provincial court fee page also lists $200.00 for a Petition for Divorce, effective February 1, 2022. Fees can change, so confirm the current amount with the court office before you file.

Joint petitions and the certificate fee

If you and your spouse apply together on a joint petition, the provincial fee page lists a Petition for Divorce fee of $200.00 but gives no joint petition fee. Ask the court office what applies to your joint filing.

Once the divorce is granted, you may want proof that it took effect. A court officer must, on request, issue a certificate saying a divorce took effect on a specified date. The Certificate of Divorce fee is $30.00. You can order it 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, and pay by cash, certified cheque or money order.

Other costs to plan for

• A marriage certificate must be filed as a prerequisite for a divorce, so you may need to obtain one if you do not have it.
• Copies of the judgment: for an uncontested sole petition you provide three copies of the divorce judgment unless the court orders otherwise, and a joint divorce needs three copies of the joint divorce judgment plus a stamped addressed envelope for each party.
• If you claim support or property division on a joint petition, Parts 1 to 4 of the Form 70D financial statement must be attached to the joint petitioner affidavit.
• If your spouse cannot be found, the court may allow substitutional service, such as a notice in a local newspaper.
• Photocopying, postage, any newspaper notice and any lawyer or process-server charges depend on your case.

Fee waivers and reducing costs

Whether you can have court fees waived or reduced depends on your finances and the court's current rules. Ask the Family Division office about this before you file, and ask a lawyer or a legal aid office whether you qualify for any help.

A joint application can keep costs down because you share the work, but it is only available where both spouses agree on all the relief sought. If one spouse seeks relief the other does not agree to, a joint petition is not available.

What to do next

• Confirm the current filing fee with the court office.
• Locate your marriage certificate.
• Decide whether you will file alone or jointly.
• List likely extras: copies, postage, service and the certificate.
• Ask about any fee relief before paying.

Frequently asked questions