The court charges its own fees,
separate from the ezDivorce fees. The court's mandatory fees for filing a divorce in Ontario total
$447. The court also charges $19 for each optional divorce certificate.
Under certain circumstances, the court may waive
all but $10 of the filing fees. The financial eligibility
criteria are set out below. To get the waiver, you will need to swear a
Request for Court Fee Waiver (which we provide). Note: ezDivorce charges $25
+ HST to prepare, process and file the court fee waiver forms.
You are eligible*
for the court fee waiver if:
1. Your primary source of household income is one or more of:
• income assistance from Ontario Works;
• income support from the Ontario Disability Support
Program;
•
Family Benefits Act allowance;
• Old Age Security Pension together with the Guaranteed
Income Supplement;
• War Veterans Allowance; or
• Canada Pension Plan benefits.
ðORï
2. Your household income and assets are LESS THAN the
following amounts:
Number of people
in household |
Gross monthly
household Income |
|
1 |
less than $1,500 |
|
2 |
less than $2,250 |
|
3 |
less than $2,583 |
|
4 |
less than $3,083 |
|
5 or more |
less than $3,583 |
|
AND |
|
Household liquid assets:
|
less than $1,500 |
|
AND |
|
Household net worth: |
less than $6,000 |
HOUSEHOLD means you,
your spouse* and any dependent children.
(*For these purposes, the spouse
from whom you are separated is not
included. Read more below.))
dependent child means: a) a
minor or a child enrolled in a full time program of education,
and b) if 16 years old or older, is still under
parental control.
gross monthly household income means the amount, before taxes and other
non-voluntary deductions such as union dues, of all regular payments of any
kind that the members of your household receive in a typical month.
household liquid assets means all money and assets that can easily be
converted to money that are owned by the members of your household.
household net worth means the value of all assets owned by the members of
your household, less the amount of all their debts and other financial
liabilities.
spouse
includes same-sex and opposite-sex relationships and means:
a) a person to whom you are married; or
b) a
person to whom you are not married, but with whom you have lived
in a conjugal relationship:
• continuously for three years or more; or
• in a relationship of some permanence, if you and the person
are the natural or adoptive parents of a child.
A person is
not your spouse for the purpose
of the fee waiver request if the two of you are living separate
and apart as a result of the breakdown of your relationship.
Note: In a joint
divorce, each spouse must be independently eligible. If only one if you is eligible, that spouse should be
the applicant so that you can take advantage of the fee waiver.
See
www.attorneygeneral.jus.gov.on.ca/english/courts/feewaiver/Rev1105/FW_A_1_EN_Fee_Wvr_Gde_rev1105_ODA.pdf
*NOTE RE
KITCHENER DIVORCES:
Despite its responsibility under Sections 4.3 and 4.4 of
Administration of Justice Act, at last check, even if you
are eligible for the court fee waiver based on the prescribed
financial tests (above), the court in Kitchener
refuses to issue fee
waivers if you pay a lawyer/agent to assist you with your
divorce. So, if you are eligible and want the court fee
waiver but have to file in Kitchener because both you and
your spouse reside in that area of jurisdiction, you are on your
own. Sorry and good luck.
