One of the most common factors couples assess when considering a divorce is the cost. Going to court and getting a divorce can be expensive. This does not stop parties from proceeding, but it is something that weighs into the decision. However, parties should be aware that the costs for getting a divorce can range in price, as there are several options for obtaining a divorce.
How much does a Divorce Lawyer Cost in Ontario?
The answer to this question really depends on the lawyer, as hourly rates will vary from lawyer to lawyer. A lawyer with more experience will generally be more expensive than a lawyer recently called to the bar and has less experience. Costs can vary anywhere from, generally, $250 an hour for a new lawyer to upwards of $700 for a more senior and experienced lawyer. The average price of a divorce lawyer, however, will typically depend on the lawyer’s experience and seniority.
Varying Costs of a Divorce
There are several options parties can take when obtaining a divorce which will impact the costs.
Uncontested Divorce
An uncontested divorce is essentially an application to the court for a divorce which includes an outline of the parties’ agreement in regards to any and all related issues. This can include arrangements for custody, access, support and division of property. Parties do not need to attend court for an uncontested divorce. This helps to keep costs low.
However, there are fees associated with an uncontested divorce. In Ontario, it costs $632 to obtain a divorce. The first payment of $212 is due when the application for divorce is filed which includes court fees of $202 and $10 that is collected for the federal Department of Justice. Additional court fees of $420 are paid before the divorce is reviewed by the court.
While this is the cheaper option for obtaining a divorce, it is important to remember that these costs are in addition to any legal fees associated with the matter.
Contested Divorce
A contested divorce is where the parties do not agree on the issues or on the divorce itself. Parties will typically hire a lawyer, if they haven’t already, to assist in the contested issues. Retaining a lawyer will cause the cost of the divorce to increase, and the longer the matter goes on, the more expensive the divorce becomes. This is especially so in complex and contentious matters.
Joint Divorce Application
Similar to an Uncontested Divorce, a Joint Divorce Application will also help to keep the costs low. A joint application for divorce is a request that is made by both spouses for a divorce order, with or without other terms (for example agreed-upon child support payments). With a joint application, both spouses must complete the documents that are necessary in order to obtain the divorce. The fees of a Joint Divorce Application are the same as those under an Uncontested Divorce.
What if I can’t Afford a Lawyer?
Legal Aid Ontario
Legal Aid provides low-income individuals with a certificate to assist with their family law matters. However, these certificates do not pay for a divorce except in rare situations. For example, where there are also immigration issues or where a divorce is needed to deal with financial difficulties, like qualifying for a pension.
Individuals can also try contacting the Family Law Information Centre, located at the court, to inquire if they qualify for assistance from an advice lawyer (a legal aid lawyer). If you qualify, the advice lawyer can give you up to 20 minutes of free general advice. The advice lawyer may also be able to give you a referral to a family law service centre. If you do not qualify, you are still able to speak with duty counsel at the court, where you will be given general information about your issues.
Nussbaum Law is a Toronto based law firm that exclusively practices family and divorce law.
Flat fee family law services
A flat fee means you know the legal fee upfront before you proceed. Instead of being billed hourly for every email, phone call, draft, or revision, you pay one fixed legal fee for the agreed service.
Nussbaum Law’s flat fee for a simple divorce is $2,500 + HST for straightforward, uncontested divorce matters. For separation agreements and cohabitation agreements, the flat fee is $3,100 + HST where the parties are generally on the same page and the main terms have already been discussed or agreed upon.
The flat fee includes a 30-minute consultation with a lawyer. It does not include third-party costs, government filing fees, court fees, process server fees, independent legal advice for the other party, financial valuations, appraisals, tax advice, or any services outside the scope of the flat fee retainer.
Frequently Asked Questions About Flat Fee Family Law Services
What is a flat fee family law service?
A flat fee means you know the legal fee upfront before you proceed. Instead of being billed hourly for every email, phone call, draft, or revision, you pay one fixed legal fee for the agreed service. This is designed to give clients more certainty, more transparency, and fewer unpleasant surprises.
Why does Nussbaum Law offer flat fees?
Many clients want clear pricing before starting the legal process. Legal fees can be stressful, especially during a separation or divorce. Nussbaum Law’s flat fee options are intended for straightforward matters where the parties are generally on the same page and want to move forward efficiently. In simple terms: clear pricing and no hidden legal fees for the agreed service.
How much is a flat fee divorce?
Nussbaum Law’s flat fee for a simple divorce is $2,500 + HST. This applies to straightforward, uncontested divorce matters.
How much is a flat fee separation agreement or cohabitation agreement?
Nussbaum Law’s flat fee for a separation agreement or cohabitation agreement is $3,100 + HST where the parties are generally on the same page. This is intended for matters where the main terms have already been discussed or agreed upon, and the parties are looking to properly document the agreement.
What is included in the flat fee?
The flat fee includes a 30-minute consultation with a lawyer. For agreements, the flat fee generally includes preparing the agreement based on the information provided and the terms agreed upon by the parties. For a simple divorce, the flat fee generally includes preparing and filing the necessary divorce materials for an uncontested divorce.
Are there any hidden fees?
There are no hidden legal fees for the agreed flat fee service. However, the flat fee does not include third-party costs, government filing fees, court fees, process server fees, independent legal advice for the other party, financial valuations, appraisals, tax advice, or any services outside the scope of the flat fee retainer.
Who qualifies for the flat fee agreement option?
Flat fee agreements are best suited for clients where both parties are on the same page. For example, the flat fee may be appropriate where the parties have already agreed on the major issues, such as property division, support, parenting arrangements, or other key terms, and now need a properly drafted legal agreement.
What if we are not fully on the same page?
If there are major disputes, unresolved financial issues, parenting disagreements, support disputes, or missing disclosure, the matter may not be suitable for a flat fee. In that case, Nussbaum Law can discuss other options during the consultation, including hourly representation, negotiation, mediation, or a more customized retainer.
Can you act for both spouses?
No. One lawyer cannot represent both spouses in a family law matter. Nussbaum Law can act for one party. The other party should obtain their own independent legal advice before signing an agreement. Nussbaum Law can, however, offer mediation services if both parties approach the firm together.
Does the other spouse need independent legal advice?
It is strongly recommended. Independent legal advice helps ensure both parties understand the agreement, are signing voluntarily, and appreciate the legal consequences. It can also make the agreement stronger and less likely to be challenged later.
What is a simple divorce?
A simple divorce usually means an uncontested divorce where both parties are not asking the court to decide parenting, support, property, or other disputed issues as part of the divorce application. The divorce itself legally ends the marriage. It does not automatically resolve all financial, parenting, or property issues unless those issues have already been addressed separately.
Is a divorce the same thing as a separation agreement?
No. They are different. A divorce legally ends the marriage. A separation agreement deals with the practical and legal issues arising from separation, such as parenting time, decision-making responsibility, child support, spousal support, property division, and other financial arrangements. Many people need a separation agreement before or alongside a divorce.
What is a cohabitation agreement?
A cohabitation agreement is a contract between partners who live together or plan to live together. It can set out how property, debts, support, and other financial issues will be handled if the relationship ends. It is often used by unmarried couples, blended families, or people entering a relationship with significant assets, a home, business interests, or children from a prior relationship.
What happens if my matter becomes more complicated?
If the matter changes or becomes more complex, Nussbaum Law will discuss that with you before doing work outside the flat fee scope. For example, if the other party starts negotiating heavily, refuses to provide disclosure, changes their position, raises new claims, or court appearances become necessary, additional fees may apply.
How do I get started?
You can book a consultation with Nussbaum Law to determine whether your matter is suitable for a flat fee service. The consultation allows the firm to understand your situation, confirm whether the flat fee applies, and explain the next steps.
