Home Prince Edward Island Uncontested Divorce Kit
2026 edition • Built on the Courts of PEI Rule 70 & the published Form 70 seriesPrince Edward Island Uncontested Divorce Kit
The Supreme Court of PEI (Family Section) forms and plain-English instructions to prepare an uncontested divorce yourself — matched to whether you file jointly or alone.
- Route-matched forms — Joint Petition (Form 70A*) or sole Petition (Form 70A)
- Step-by-step filing instructions, in plain English
- Free eligibility check before you pay anything
- Instant PDF download — $129 one-time, no subscription
Takes 2 minutes to check · no commitment
“The kit was clear that a joint petition (Form 70A*) means no one gets served — that was the part I kept second-guessing.”
Laura C. · Summerside, Prince Edward Island
Do you qualify for an uncontested divorce in PEI?
The written-record route works when your divorce is genuinely uncontested and your parenting, support and property issues are already settled — including a signed agreement where one is needed. Agreement on those issues is not, by itself, a complete filing or a judicial-approval test. The final decision is always the Court’s.
This kit fits if…
- ✓ You or your spouse has been habitually resident in PEI for at least one year immediately before the proceeding begins. (This is a jurisdiction condition under the Divorce Act — separate from the one-year separation ground.)
- ✓ You are relying on one year’s separation. You must have been living separate and apart when the proceeding begins; you can start it before the year is complete, but the Court cannot grant the divorce until the year has run. Reconciliation attempts totalling 90 days or less do not restart the clock. (Adultery and cruelty are separate grounds that need different evidence and are not covered by this kit.)
- ✓ Your spouse will co-operate: you sign a Joint Petition (Form 70A*) together, or you file a sole Petition (Form 70A), have it served, and your spouse files no Answer (Form 70D).
- ✓ You agree on all other issues — parenting, decision-making, child support, spousal support, property, debts and pensions — and any child support meets the Federal Child Support Guidelines. The Court must be satisfied that reasonable child-support arrangements are in place before it grants a divorce.
- ✓ You still have (or can obtain) your marriage certificate — from PEI Vital Statistics or another jurisdiction — or you can give the Rule 70 explanation of why it cannot be obtained, with any available proof of the marriage.
- ✓ You understand that a petition claiming support or a division of property must plead what is claimed, may require Form 70I financial statements from both spouses, and cannot waive a Family Law Act claim — and that a parenting/contact order can require service on the Director of Child Protection.
Talk to a lawyer first if…
- ✗ Neither spouse has been habitually resident in PEI for a full year yet.
- ✗ Your spouse is contesting the divorce, may file an Answer (Form 70D), will not communicate, or cannot be located.
- ✗ There is family violence or coercion, a child-protection or criminal matter, or you need an emergency protection or restraining order.
- ✗ Parenting, decision-making or the child-support amount is not fully settled, you want a support figure that differs from the guideline table, or a child of the marriage over the age of majority is still dependent.
- ✗ You want the Court to decide (not just record) parenting or support, or you have a pension to divide, a business or corporate assets, real estate or significant debt to split, a bankruptcy, existing court orders, or a cross-border element.
Joint or sole — which route is yours?
Both routes can be decided on the written record when the file is complete and the case is genuinely uncontested. They are very different at the start. Your eligibility check confirms which one fits and you receive the matching form set.
In PEI, an uncontested divorce is a paperwork process in the Supreme Court (Family Section). On the joint route both spouses sign Form 70A*, so there is no respondent and nothing to serve between you. On a sole petition you file alone and it must be served on your spouse. Under Rule 70 an “uncontested action” is one where the respondent files no Answer (Form 70D), or an answer is withdrawn or struck — then you move for judgment on affidavit evidence. This kit gives you the current Rule 70 forms for your route, with plain-language instructions for each stage.
Joint Petition for Divorce
Form 70A* · both spouses sign · no respondent
Both spouses complete and sign Form 70A*, so there is no respondent and no service between you. Available where the divorce is sought on the fully elapsed one-year separation ground and every other issue is agreed. Either spouse can withdraw before the divorce judgment is granted.
You then move for judgment on affidavit evidence, file the marriage record, and provide a typed draft Divorce Judgment (Form 70S). The registrar reviews the motion material and completes a Registrar’s Certificate (Form 70R) before a judge sees the file.
Sole Petition for Divorce
You file alone · must be served · response period
You file Form 70A alone. It must be served on your spouse, who then has the Rule 70 response period to deliver an Answer (Form 70D). Confirm the exact number of days with the registry — it is longer where the spouse is served outside PEI or outside Canada.
If no answer is delivered (or an answer is withdrawn or struck), you file proof of service and Form 70O (Requisition to Note Default and Notice of Motion for Judgment), then move for judgment with your Form 70P affidavit and a draft Form 70S. A spouse who “will not contest” does not turn a sole petition into a joint one or remove the service step.
Both routes: a petition that claims child or spousal support or a division of property must plead the nature and amount claimed; the Court can direct Forms 70I(A)–(D) (income, expenses, special or extraordinary expenses, property) and can require the respondent’s financial information even if the claim is not defended. Where a parenting or contact order is claimed, service on the Director of Child Protection and any resulting report or waiver can delay the motion. Confirm what your case needs against Rule 70.
Why use an affidavit kit?
For a genuinely uncontested case, PEI lets you put the divorce forward for a decision on a sworn Petitioner’s Affidavit on Motion for Judgment (Form 70P) instead of testifying in court. A joint petition also removes the need to serve your spouse. Done carefully, it keeps a straightforward divorce affordable and predictable, without paying a lawyer to prepare standard paperwork — while the registrar and a judge still review everything.
Keep more of your money
You do the filing yourself and keep the difference between a lawyer’s fee and a one-time kit price. Court and government fees are separate — see the breakdown alongside.
Often decided without an appearance
Where the evidence is given by affidavit, a judge may grant judgment without the parties or their lawyers appearing — or may direct an appearance or require oral evidence. The registrar’s review, the federal Central Registry report, any child-related material and the judge’s decision all come first. A qualifying, complete case may be decided on the written record; that is not a promise of a no-hearing or paper-only result.
What a PEI divorce costs
PEI court and government fees include about $100 to file the petition, a $10 federal Central Registry fee, roughly $35 for a marriage certificate, and a fee for the Certificate of Divorce (the general Court fee schedule lists $20 — confirm the current Family Section charge). There is no single total cost: commissioning the affidavits, copies, postage, service on a sole petition, any translation and any legal advice are extra. Fees can change — confirm current amounts with the registry.
What’s in the kit
The current Rule 70 forms for your route, organised so you know what each one does and the order to file them in.
The petition that starts your case
- Form 70A*: Joint Petition for Divorce (both spouses sign; no respondent) or Form 70A: Petition for Divorce (you file alone; it must be served)
- Guidance on the one-year PEI residence requirement and the one-year separation ground
- Pleading any support or property claim, and proof of marriage
Your motion-for-judgment package
The set assembled for a decision on the written record:
Filing roadmap
- Step-by-step instructions for completing and commissioning the forms in order
- Filing with the Family Section, the sole-route service and response period, the registrar’s review and Form 70R, and the federal Central Registry step
- The motion for judgment, the 31-day period, and requesting the Certificate of Divorce, with a self-check list before you submit
What this kit does not include
- Any court sign-off that your file is complete or judge-ready — the registrar reviews the motion material and a judge reviews the file; a private kit cannot certify that or promise a particular formatting will be accepted
- The granted Divorce Judgment — you supply the typed draft Form 70S; the registrar completes Form 70R and a judge decides whether to grant judgment and may instead direct an appearance or require oral evidence
- Your marriage certificate — you obtain your own (and a certified translation if it is not in English)
- The federal Central Registry report, which the Court obtains, not you
- A negotiated separation agreement, or drafting of contested parenting, support or property terms
- Property, pension or debt division as a decided outcome (a separate claim under the PEI Family Law Act, not part of the divorce itself and not a flat 50/50 rule)
- Contested or defended petitions, counterpetitions, motions, variation applications, or protection orders
- Filing or serving your documents for you, or any court representation
- Legal advice about your situation, or review of your completed documents
- Court fees, the federal Central Registry fee, commissioning fees and process-server costs
PlainDivorce is a private publisher. The Courts of Prince Edward Island publish the official Rule 70 forms and rules, but have not reviewed, approved or endorsed this kit or its templates, and do not decide whether a template meets a particular file’s requirements. Always take the current form versions and confirm the full, fact-specific filing set from the Courts of PEI forms index and Rule 70 before filing.
How it works
The path to a Divorce Judgment in PEI on the uncontested, written-record route.
Prepare and file the petition
Complete Form 70A* (joint, both sign) or Form 70A (sole). File it with the Supreme Court (Family Section) with your marriage record and the roughly $100 filing fee plus the $10 federal Central Registry fee. A petition claiming support or property must plead what is claimed.
Service & Central Registry
On a sole petition, serve your spouse, let the response period pass, and file proof of service and Form 70O if no Answer is delivered. Meanwhile the Court verifies your registration information and sends it to the federal Central Registry of Divorce Proceedings, which reports back on any duplicate or pending proceeding. The divorce cannot be granted until that report is in.
Motion for judgment & registrar review
File your Form 70P affidavit, the notice of motion and the typed draft Form 70S, with any Form 70I financial statements and agreement or consent material. The registrar examines the motion material and completes a Registrar’s Certificate (Form 70R) before the file goes to a judge. If the file is complete a judge can grant judgment on the written record; otherwise you may be directed to provide more or to appear.
31 days, then the certificate
The divorce ordinarily takes effect on the 31st day after the judgment is rendered — the appeal period. A pending appeal changes that date; an earlier date is possible only if a court orders it. To get the Certificate of Divorce (Form 70T) you then file Form 70U and a post-effective-date Form 70V affidavit about any appeal, and the registrar issues it.
There is no guaranteed timeframe. Even a properly filed uncontested divorce commonly takes four to eight months or more — the sole-route service and response period, the federal Central Registry report, the registrar’s review and judicial scheduling all control the pace, and a kit cannot speed up the Court’s timelines.
Kit pricing vs. lawyer fees
| Feature | PlainDivorce kit | Typical lawyer |
|---|---|---|
| Preparation cost | $129 | $1,500–$3,500 |
| Court & government fees | ~$100 petition + $10 federal registry + ~$35 marriage certificate + certificate-of-divorce fee, paid to the court/registry | Same, usually billed on top |
| Pace | Your prep is DIY; service rules, the Central Registry, the registrar and the court control the timeline | Lawyer’s schedule |
| Forms included | Yes — route-matched | Yes |
Secure one-time payment · No subscription · Instant download
What our customers say
Experiences from people who prepared their divorce paperwork with PlainDivorce.
4.7 out of 5 based on 300+ customer reviews
Customer reviews are collected from purchasers and support conversations. Names may be shortened for privacy, and individual results vary by court, case facts, and filing requirements.
“The kit was clear that a joint petition (Form 70A*) means no one gets served — that was the part I kept second-guessing.”
Laura C.
Summerside
“No drama between us — the hard part was just getting all the paperwork in the right order. The checklist helped.”
Rachel D.
Cornwall
“For the price it was worth it. It set the right expectation that the clearance report and registrar review take time.”
Cecilia P.
Charlottetown
“I filed a sole petition. The service steps and the default requisition (Form 70O) were the part I needed spelled out.”
Andrew K.
Stratford
“Made a hard year more manageable. I still checked a couple of details with the registry, but the kit told me what to ask.”
Eric B.
Montague
PEI uncontested divorce: frequently asked questions
What is the Joint Petition for Divorce (Form 70A*)?
It is a divorce petition signed by both spouses, so there is no respondent and nothing to serve between you. Rule 70 allows spouses to commence a joint divorce action without a respondent. It is available where the divorce is sought on the fully elapsed one-year separation ground and every other issue is agreed; either spouse may withdraw before the divorce judgment. Form 70A (no asterisk) is the sole Petition for Divorce, which must be served. Form 70B is a Counterpetition — a response document, not the joint petition.
What is the Petitioner’s Affidavit on Motion for Judgment (Form 70P)?
PEI’s Rule 70 uses “petitioner,” not “applicant,” so there is no “Affidavit of Applicant” — the document is Form 70P. It is a sworn statement of the facts of your marriage, separation and arrangements for any children, and where support is claimed it also calls for current-income and tax material. It is your evidence on the motion for judgment, so a qualifying uncontested case can be decided on the written record. Where the evidence is by affidavit, a judge may grant judgment without an appearance or may direct one. Swearing a false affidavit is a criminal offence.
Does filing this way guarantee there is no court appearance?
No. Rule 70.19 lets the evidence on a motion for judgment be given by affidavit or orally. Where it is by affidavit the judge may grant judgment without the parties or lawyers appearing, but may instead direct an appearance or require oral evidence. The registrar’s review and Form 70R, the federal Central Registry report, any child-related material and the judge’s decision remain prerequisites. A qualifying, complete case may be decided without an appearance — it is not promised.
Do I have to live in PEI to file?
You or your spouse must have been habitually resident in PEI for at least one year immediately before the proceeding begins. That is a jurisdiction requirement under the Divorce Act, separate from the one-year separation ground. You must also have been living separate and apart when the proceeding begins; you can start the petition before the separation year is complete, but the Court cannot grant the divorce until it has run.
How much are the court fees?
The Family Section filing fee for a Petition for Divorce is currently $100. A $10 federal fee applies for the Central Registry of Divorce Proceedings (with a legal-aid exception). A PEI marriage certificate from Vital Statistics is about $35. A fee also applies for the Certificate of Divorce (the general Court fee schedule lists $20; confirm the current Family Section charge). Fees are set by regulation and can change — confirm current amounts with the registry. These are separate from the $129 kit price and are paid to the court or government.
We have children — what else is required?
Even with full agreement, the Court must be satisfied that reasonable arrangements for the support of any children of the marriage have been made before it grants the divorce. A petition claiming child or spousal support must plead what is claimed, and Form 70I financial statements can be required — from the respondent too, even if the claim is not defended. Where you ask for a parenting or contact order, the Director of Child Protection may need to be served, and the resulting report or waiver can delay the motion. If anything about the children is unresolved, or you want a non-guideline amount, speak to a PEI family lawyer or a legal clinic.
What is the Central Registry of Divorce Proceedings step?
It is a court-administered check, not something you file yourself. After your petition is filed, the Court verifies the completed registration information and sends it to the federal Central Registry (the federal rule says within seven days of filing). The Registry then advises the Court about any duplicate or pending divorce proceeding. No motion for judgment can be heard, and the divorce cannot be granted, before the Court has this report. Clearance does not guarantee jurisdiction, speed or judgment.
How long does an uncontested divorce take in PEI?
There is no guaranteed timeframe. Even a properly filed uncontested divorce commonly takes four to eight months or more: the federal Central Registry report, the registrar’s review, and judicial scheduling all control the pace. On a sole petition, service and the response period add time. Preparing your paperwork with a kit does not change the Court’s processing time.
Does this kit divide our property or pension?
No. Property and pensions are dealt with as a separate claim under the PEI Family Law Act — not as part of the divorce itself, and not by a flat 50/50 rule. A petition seeking a property division must plead what is claimed, a Family Law Act claim cannot simply be waived, and Form 70I(D) (Statement of Property) can be required. If you do not fully agree, or you have a pension, business, corporate assets, real estate, significant debt or disputed assets, get legal advice before filing.
When is the divorce final, and how do I get the certificate?
A divorce ordinarily takes effect on the 31st day after the day the judgment is rendered — the appeal period. A pending appeal changes that date, and an earlier date is possible only if a court orders it in special circumstances. The Certificate of Divorce (Form 70T) is not automatic: under Rule 70.22 the divorce must have taken effect, you file Form 70U (Requisition for Certificate of Divorce) and a post-effective-date Form 70V affidavit addressing any appeal, and the registrar then issues Form 70T.
Is PlainDivorce a law firm?
No. PlainDivorce is a private self-help information service. We provide the current Rule 70 forms with plain-language instructions; we do not give legal advice, review your documents for accuracy, certify anything to the court, or file or serve documents for you. For advice about your situation, or if anything is disputed, consult a PEI family lawyer, the Law Society of Prince Edward Island’s Lawyer Referral Service, or a community legal clinic.
Important legal disclaimer
PlainDivorce is not a law firm and does not provide legal advice, legal opinions, or representation. The Prince Edward Island Uncontested Divorce Kit is a private self-help information product containing publicly available Courts of PEI Rule 70 forms with general instructions. It is not a substitute for advice from a licensed PEI lawyer, and no court has reviewed, approved or endorsed it or its templates.
We do not guarantee that the court will accept a particular filing or that a divorce will be granted. You supply the typed draft Divorce Judgment (Form 70S); the registrar reviews the motion material and completes Form 70R, the Court obtains a federal Central Registry report before the divorce can be granted, and a judge decides whether to grant judgment and may instead direct an appearance or require oral evidence. Court rules, forms and fees change from time to time — the petition filing fee is currently about $100, plus a $10 federal Central Registry fee, roughly $35 for a marriage certificate, and a Certificate of Divorce fee — and there is no single total cost for a divorce. Service and default rules, the Central Registry report, the registrar’s review and judicial scheduling control the process, not the purchaser. You are responsible for verifying the current forms, fees and case-specific requirements with the Supreme Court of Prince Edward Island (Family Section) before filing.
Content last reviewed: September 2026.