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How Much Does a Divorce Cost in Canada?

how much does a divorce cost in Canada

A divorce involves so many emotional and mental stresses. Not only the mental strains, but it may also have some financial impacts on you. That is why it is good to have some financial stability before you go through the divorce process, and here you know about how much does a divorce cost in Canada.

Basically, the cost of a divorce depends on the type of divorce and certain things. You can also estimate the total cost of divorce before proceeding, but only if you want to avoid any extra costs. Here are the basic and average divorce costs in Canada. So keep reading!

How much does a Divorce Cost in Canada?

The cost of divorce usually depends on the type of divorce you choose.

There are various kinds of divorce, for example, Uncontested Divorce, Contested divorce, etc. An uncontested divorce usually cheaper than a contested divorce.

On the other hand, a contested divorce involves a lot of things. That is why it costs more compared to other divorce processes. But there are also some costs or fees that you cannot avoid. For example, court fees and lawyer fees. (if necessary) It is also important to note that court fees also vary from province to province in Canada.

The average Canadian who chooses to go through the traditional family law route will spend between $15,000 and $20,000 on their divorce. This includes costs for hiring a reputable lawyer as well as fees associated with taking their case to court. If you are planning to take your case there, you can expect initial expenses of around $10,000.

Below is a brief discussion about the different types of divorce and their costs:

Uncontested Divorce

This divorce is also known as amicable divorce, and this is the cheaper option of divorce compared to others. Because uncontested divorce is based on an agreement, this agreement helps to reduce delays and all the extra fees that are involved with the divorce process.

For an uncontested divorce, the divorce lawyer usually charges around 1,000 CAD on average in Canada. But the average fee can vary between 1000 and 2000 CAD. There is also a charge, which is called court fees. However, it also depends on which province you belong to.

The initial application for court proceedings costs around 500 CAD. You will also have to pay a little for the federal application process. If your divorce requires any court review, you will also be charged additionally for that court review.

Contested Divorce

A contested divorce costs more compared to an amicable divorce. This divorce happens when both parties cannot agree and have issues with the division of shared assets, debts, child support, and so on. When both parties start fighting against each other, by and large, the expenses increase.

In a contested divorce, the cost is around 15,000 CAD. But in some provinces of Canada, the cost can be much lower than this. The more complex the case is, the more it will cost. If the lawyer has to determine the shared debts or child custody, the lawyer has to go through some court proceedings, which costs you more money.

Quick Divorce

This is also an easy and cheaper divorce option when your case involves no child custody or property issues. This divorce only deals with some limited support, like professional legal help or hiring a divorce lawyer. It always depends on the divorce package you choose.

There are plenty of lawyers who offer quick divorces online. You can choose a package depending on your situation and the case. These packages will cost you around 500–1000 CAD. It will depend on your package and also on the lawyer. Some lawyers charge a little bit more than regular lawyers.

Other Additional Fees

There are also some additional fees in the divorce process that you should be concerned about. These additional fees include the cost of the lawyers, notary public, court expenses, etc. So, below is a short description of these divorce costs.

Lawyers

In the divorce process, it is quite common to have a divorce lawyer. Almost every general person who doesn’t have that much knowledge about the legal process is most likely to hire a lawyer. Lawyers are usually charged on an hourly basis. But all lawyers are not the same. Even their fees vary. The average hourly rate for a lawyer in Canada is 200–300 CAD.

Notary Public

For an uncontested divorce, you may need to do the process through a notary. Notary fees are also considered additional fees because they have nothing to do with the legal costs. And notary fees can also vary depending on your situation and the complexity. Sometimes, if you deal with a lawyer, then the lawyer will most likely tell you if you need a notary for the process or not.

Bailiff

When you deal with a divorce case, the court will require some legal paperwork and documents for that. You need to serve that to the court. Usually, you may need to serve the paper through a bailiff when a lawyer works for you. That lawyer will also serve the paperwork through a bailiff.

In this regard, there are some expenses like transportation costs, other fees, etc. However, the expenses are not that huge. Maybe you need to pay only 1 CAD per kilometer. The serving cost for a bailiff is 100 CAD on average.

Other Costs

Sometimes, when your case is so complex, it causes some mental stress and suffering. In that case, you may go for a doctor, psychologist, or medical expert. And definitely, it will also cost you some money.

Future Financial Consequences

In some cases, a divorce includes shared debts, property, assets, and so on. In that case, it can lead to a lower income, and sometimes you may also compensate the other party if necessary. If your house was joint property, you may leave that house or need to pay that amount of money.

But in every divorce case, each spouse should expect to have new potential expenses, additional costs, and so on. That is why, before preparing for divorce, you should always be stable mentally and financially.

If your spouse is dependent on you, then you have to pay the supporting costs every month. Moreover, you also have to pay the cost of child support, which will depend on the divorce and custody arrangements. Divorce is a traumatic experience in human life. Sometimes it takes many years to get rid of this traumatic experience. In this case, individual therapy like the mediation process can help speed up the healing.

Is it Expensive to Get Divorced?

Generally speaking, the divorce process will definitely cost you some money. But it will again depend on your circumstances and how you tackle the situation.

There are so many ways to minimize divorce expenses. If you know the legal process of divorce, you do not need to go to a divorce lawyer, which helps you minimize your costs.

You can also have a mutual discussion between you and your spouse. If you and your spouse have a mutual contract or agreement, then you guys can go for an uncontested divorce.

Most notably, uncontested is the cheapest divorce option you can go for. You can also apply for legal aid or tax optimization to reduce the costs.

The Bottom Line

Generally, the divorce process can be stressful, time-consuming, and expensive. If you want to minimize the cost in every possible way, follow the above instructions. If everything seems complex to you, then you can hire a professional divorce lawyer to help you.

To avoid the risk of additional costs, it is very important to make the right decision at the right time. Before going through the divorce proceedings, you also need to be concerned about the average cost of divorce in Canada. Hopefully, this writing helped you to know the divorce cost in Canada.

The Cost of Divorce in Canada is Tough to Quantify

The divorce cost in Canada can vary greatly depending on several factors, including the complexity of the case, the length of the marriage, the assets and debts of the parties, and the location in which the divorce is taking place. Factors such as hiring a lawyer, paying court fees, and dividing assets and debts can all contribute to the cost of a divorce. Additionally, if there are children involved, the cost of child support or custody battles can also add to the expense. It is difficult to provide an estimate of the cost of divorce without knowing specific details about the case.

Frequently Asked Questions

How expensive is a divorce in Canada?

The cost of a divorce in Canada varies by type of divorce. More precisely, it depends on the consent of both couples regarding divorce. The average cost of an uncontested divorce is $1,353. On the other hand, the cost of a contested divorce is $12,875 on average.

How long does it take to get a divorce in Canada?

In general, the average time to get a divorce is nearly 4 to 6 months. An uncontested divorce takes one to several months. Getting a divorce is the fastest way. In the case of a contested divorce, it takes a long time, which can be more than a year.

How much does a divorce cost if both parties agree?

If both parties agree and prepare their papers, the cost becomes quite low. It can be under $500. This type of divorce is called an uncontested divorce.

What is the cheapest way to get divorced?

The cheapest way to get a divorce is to prepare their papers and apply to court together. In that case, they don’t have to pay any lawyer fees as they are doing the lawyer’s job. As all the papers are available online, it’s easy too.

How long must a couple be separated before divorce in Canada?

In Canada, a couple must be separated for a full year from each other before the divorce. There could be an exception to this condition, which can be cruelty or adultery from any couple's side.

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