Court Fee Waiver in Ontario
Many of our prospective clients are unaware that they may not have to pay the full $447 in court fees for their uncontested divorce matter. In an uncontested divorce matter, whether it is sole or joint, the total court fee payable to the Minister of Finance is $447. This is a mandatory fee which must be paid if you are filing for divorce. However, there is an exception for applicants based on certain financial eligibility criteria. For a sole application, the sole applicant must qualify under the financial eligibility criteria. However, if there is a joint application then both applicants will have to qualify for the fee waiver.
The financial eligibility criteria are as follows. You may be financially eligible if your main source of household income is from Ontario Works, the Ontario Disability Support Program, Family Benefits Act allowance, Old Age Security Pension with the Guaranteed Income Supplement, War Veterans Allowance, or Canada Pension Plan benefits.
You may also be financially eligible for a fee waiver if your household income and assets fall under certain cut-offs. With respect to assets and net worth, your liquid assets must be below $1,500 and total household net worth must be below $6,000. With respect to your gross monthly household income the breakdown is as follows:
- Below $1,500 if the applicant is the sole member of their household;
- Below $2,2250 if there are two members in the household (including the applicant);
- Below $2,583 if there are three members in the household (including the applicant);
- Below $3,083 if there are four members in the household (including the applicant); and
- Below $3,583 if there are five or more members in the household (including the applicant.
With respect to the above, “household” means the applicant, their spouse and any dependent children. “Dependent children” are children who are minors, or enrolled in full time studies, or if over the age of 16 are still under parental control. “Household net worth” is defined as all assets in the household less the amount of total debts. “Liquid assets” refer to money and assets are easily convertible to money for example, cash, stocks, unlocked RRSPs, GICs and mutual funds. However, vehicles, household furniture and items, business and employment tools, and real property are NOT considered liquid assets.
When requesting a fee waiver from the court, the applicant will have to provide an affidavit. An affidavit is basically a written statement that is sworn under oath or affirmed stating that the information provided is true to the best of the individual’s knowledge. When completing the affidavit the applicant for the fee waiver will have to appear before a person who is authorized to take oaths and affirmations (for example, a lawyer).
It is important to note that with a fee waiver the applicant is not required to provide financial documents supporting their fee waiver request during the initial application. However, if they are asked by the Ministry of Attorney General in the future to provide such information, they will be obligated to provide any financial documents to support their initial application.
For more information on a court fee waiver in Ontario or about obtaining a divorce in Ontario, please contact our Toronto divorce lawyer.
Helpful Resources:
Divorce and Separation
Family Justice Services
Child Custody and Access
Spousal Support
Child Support
Division or Equalization of Family Property
Treatment of a Matrimonial Home
Enforcement of Support Payments
Child Protection
Child Adoption
