After a breakdown in marriage, a party seeking a divorce may begin proceedings by bringing an Application for Divorce.
To begin, the party bringing the Application will have to prepare an Application for Divorce, along with their marriage certificate, to court for issuing. The court will assign a case number and place a court seal on the Application. The party bringing the divorce must also fill out a Registration of Divorce Proceeding Form which is used to check if the parties have registered for a divorce elsewhere. If the parties have not registered elsewhere, the parties receive a Clearance Certificate and may proceed with the matter.
After obtaining a Clearance Certificate, the issued Application must then be served on the spouse and an Affidavit of Service be filled out.
The responding party has 30 days to serve and file an Answer (60 days if served outside of Canada). If no Answer is received, the divorce proceeds on an uncontested basis.
To obtain a Divorce Order on an uncontested basis, an Affidavit for Divorce must be completed and brought to court along with a draft Divorce Order for a judge to review. After the court issues the Divorce Order, the parties may obtain a Certificate of Divorce by attending the court with a copy of the issued Divorce Order 31 days from the date of the Divorce Order.
Joint Application for Divorce
If both parties wish to obtain a divorce, they can bring a joint Application for Divorce, thereby simplifying an otherwise lengthy procedure. To bring a joint Application for Divorce, both parties must have been separated for a minimum of one year. Separation occurs when the parties live separate and apart without the prospect of reconciliation.
Both parties will be required to file a joint Application for Divorce, an Affidavit for Divorce, a Divorce Order, and a Registration of Divorce Proceeding Form to determine if the parties have been registered for a divorce elsewhere. If the parties are not registered elsewhere they receive a Clearance Certificate and may proceed with the matter. Once a Clearance Certificate is received, the completed forms may be submitted to the court to be reviewed by a judge. If satisfied, a Divorce Order is granted and the parties may obtain a Certificate of Divorce after 31 days from the date of the Divorce Order.
Flat fee simple divorce service
Nussbaum Law’s flat fee for a simple divorce is $2,500 + HST. This applies to straightforward, uncontested divorce matters.
For a simple divorce, the flat fee generally includes a 30-minute consultation with a lawyer and preparing and filing the necessary divorce materials for an uncontested divorce. The flat fee does not include third-party costs, government filing fees, court fees, process server fees, or services outside the scope of the flat fee retainer.
This flat fee applies to the divorce process only. If property, support, parenting, or other family-law issues still need to be resolved, those issues may require separate legal work before or alongside the divorce. In some cases, a separation agreement may be needed before the divorce can move forward smoothly.
Frequently Asked Questions About Flat Fee Simple Divorce
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.
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.
What is included in the flat fee?
The flat fee includes a 30-minute consultation with a lawyer. 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.
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 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.
