Ontario Court Fee Waiver Guide for Divorce

The mandatory court filing fees for an Ontario divorce total $669 — a significant sum for anyone experiencing financial hardship. Ontario's court fee waiver program exists specifically to ensure that cost is not a barrier to accessing justice. At Easy Path Divorce, we believe everyone deserves access to an affordable, dignified divorce process. This guide explains exactly who qualifies for a fee waiver and how to apply.

What Is the Ontario Court Fee Waiver?

The Ontario court fee waiver is a formal process governed by Ontario Regulation 2/05 under the Administration of Justice Act. It allows individuals who cannot afford court fees to have those fees waived or reduced. The waiver applies to provincial court fees but not the $10 federal fee required under the Divorce Act, which is non-waivable.

If approved, you will owe only $10 (the federal fee) instead of the full $669 in mandatory court fees — a saving of $659. Learn more about the full Ontario court filing fees that would otherwise apply.

Who Is Automatically Eligible?

You are presumptively eligible for a fee waiver if you receive income from any of the following government programs:

• Ontario Works (OW) — social assistance for people in financial need
• Ontario Disability Support Program (ODSP) — support for people with disabilities
• Old Age Security (OAS) with the Guaranteed Income Supplement (GIS) — federal benefits for low-income seniors
• War Veterans Allowance — federal benefit for eligible veterans
• Canada Pension Plan (CPP) Disability — federal disability support

If you receive any of these benefits, provide documentation (such as your most recent benefit statement) when submitting your fee waiver request. Court clerks typically approve these requests without further inquiry.

Financial Threshold Eligibility

Even if you do not receive the above benefits, you may qualify based on your financial situation. The key thresholds are:

• Liquid assets below $2,800 — this includes cash, bank accounts, GICs, and investments. It does not include your principal residence, vehicle, or RRSP (subject to certain limits).
• Household net worth below $11,000 — the total value of all your assets minus all your debts.
• Income thresholds by household size — income limits apply based on the number of people in your household. The court uses net (after-tax) monthly income figures.

All three criteria are considered together. You do not need to meet all of them — the court evaluates your overall financial picture. If your circumstances are borderline, it is worth applying; the worst outcome is a denial, and you can reapply or pay the fees in installments.

How to Apply for a Fee Waiver

The fee waiver application process involves the following steps:

Step 1: Obtain the Fee Waiver Request Form

The Fee Waiver Request form is available from the court counter at any Superior Court of Justice family court location, or from the Ontario Courts website. The form requires you to disclose your income, assets, debts, and household composition.

Step 2: Complete the Supporting Affidavit

The form includes or is accompanied by a supporting affidavit. You must swear or affirm before a commissioner of oaths (court clerks can administer oaths) that the financial information you provide is truthful. Providing false information is a serious offence.

Step 3: Gather Supporting Documents

Attach documentation to support your request, such as:

• Recent pay stubs or a letter from your employer confirming income
• Most recent Notice of Assessment from the CRA
• Current benefit statements (OW, ODSP, CPP, etc.) if applicable
• Recent bank statements showing account balances
• Lease agreement or mortgage statement confirming housing costs

Step 4: Submit to the Court Clerk

Submit the completed form and documents to the court clerk at the same time you file — or even before you file — your divorce application. The clerk reviews your request, usually on the spot or within a short time. If approved, you receive written confirmation and file your application paying only the $10 federal fee.

Step 5: Subsequent Fees Also Waived

A granted fee waiver covers both the application fee and the later setting-down fee of $445. You do not need to apply a second time when setting down the matter. Keep a copy of your fee waiver approval to present at each filing.

What Happens If My Waiver Is Denied?

If the clerk denies your request, you have options:

• You can request a review by a judge, who may overturn the clerk's decision.
• You can ask about paying fees in installments — courts have some flexibility for individuals who are not fee-waiver eligible but still face hardship.
• You can reapply if your financial situation worsens or additional documentation becomes available.

Fee Waiver and the Divorce Certificate

If your fee waiver was approved for the main application and setting-down fees, it may also extend to the $25 divorce certificate. Confirm with the court clerk at the time you request the certificate.

How Easy Path Divorce Can Help

Preparing your fee waiver request correctly is important — incomplete or improperly sworn forms are the most common reason for denial. Our team can assist you in completing the Fee Waiver Request form as part of our divorce services. We walk you through exactly what documentation you need and ensure the form is properly completed before you attend court.

Even with a fee waiver, you will benefit from professional help to ensure your divorce application is accurate and complete. Our services start at $399 (plus HST). Contact us today to get started, or read our FAQ for more information.