Family Law · Fixed fee
Simple Divorce Lawyer in Ontario (Fixed Fee)
If everything is already agreed and you have been separated a year, the divorce itself is paperwork. It should be priced like paperwork.
Flat fee
$2,500 + HST
Plus court filing fees, which are set by the Ministry of the Attorney General and are the same whoever acts for you. We confirm the full figure in writing before you retain us.
- Both spouses agree to end the marriage
- Parenting, support, and property already resolved
- No court appearances for either of you
- Handled start to finish, including the Certificate of Divorce
If it turns out your matter is not uncontested, we will say so at the consultation and quote it properly, rather than starting on a fixed fee that cannot cover the work.
What a simple divorce actually is
Ontario does not have a separate category called “simple divorce” in the legislation. What the phrase describes is an uncontested divorce: an application where the only thing being asked for is the divorce itself, and the respondent does not dispute it.
That is why the four questions above matter. Take any one of them away and the file stops being paperwork and becomes a negotiation, which cannot honestly be sold at a fixed fee.
What has to be true first
- One year separated. Under the Divorce Act, breakdown of the marriage is established by living separate and apart for at least a year. You can be separated under the same roof, which many couples are for financial reasons.
- Ontario jurisdiction. Either spouse must have been ordinarily resident in Ontario for at least a year before the application.
- Child support addressed. The court will not grant a divorce where reasonable arrangements for the support of the children have not been made.
- Everything else settled. Property, spousal support, and parenting all resolved, normally in a signed separation agreement.
The order things happen in
People often have this backwards. The separation agreement comes first; the divorce comes after, and is the easy part. If you are trying to get divorced before sorting out property and support, you are doing the expensive thing first.
- Separate, and record the date
- Exchange full financial disclosure
- Negotiate and sign a separation agreement, with independent legal advice on both sides
- Once a year has passed since separation, file the divorce application
- Serve your spouse, file proof of service, and wait out the response period
- File for the divorce order, then obtain the Certificate of Divorce
The certificate is the document you will be asked for if you remarry. The divorce order alone is not it, and it takes effect 31 days after the order is made.
When a fixed fee is the wrong answer
If your spouse cannot be found, if there are children and support has not been settled, if either of you may want to vary an agreement, or if there is a pension, a corporation, or a property still to divide, the honest answer is that this is not a simple divorce. We will tell you that at the consultation. See divorce and separation for what that work involves.
What does the fixed fee include?
Preparing and issuing the divorce application, serving it, filing the affidavit of service, filing the application for the divorce order, and obtaining the Certificate of Divorce. Court filing fees and any process server costs are extra and are set by the court, not by us. We will confirm the full figure in writing before you retain us.
What is not included?
Anything contested. If parenting, support, or property is still in dispute, that is a different matter with a different fee structure, and we will tell you so at the consultation rather than after you have paid. A separation agreement is also separate work, though it is often what you need first, see separation agreements.
How long does it take?
Most uncontested divorces complete within a few months of filing, but the timeline is driven by the court’s processing queue rather than by us. We will give you the current realistic range when you call rather than a number that may be out of date here.
Do we have to go to court?
No. An uncontested divorce is decided on the documents. Neither of you attends a hearing.
Can we use one lawyer for both of us?
No. Even on an uncontested divorce, your interests are capable of diverging, and one lawyer cannot act for both spouses. We act for one of you. Your spouse does not need their own lawyer to be served and to let the divorce proceed undefended, but they are entitled to get independent advice and we will never discourage it.
What if we have children?
A divorce cannot be granted unless the court is satisfied that reasonable arrangements have been made for the support of any children. That is a statutory bar. If child support is already settled in a separation agreement and the figures line up with the Guidelines, a simple divorce still works. If it is not settled, deal with that first, see child support.
Everything agreed? Then this should be quick.
Book a free consultation and we will confirm whether a fixed-fee divorce fits, and what the total cost will be including court fees.