Divorce isn’t just an emotional ordeal; it can also be financially devastating. Many couples end up spending a significant amount of their savings on legal fees and related expenses. But how much is the cost of divorce in Canada?
The cost of divorce varies greatly based on the complexity of the issues involved. Simple, uncontested divorces can cost around $4800 to $6800. Contested divorce costs can range from $24,000 to disputes over property, custody, etc.
Understanding the potential cost of divorce in Canada can help individuals better prepare for this challenging transition. This guide will help you with that.
How Much Cost of Divorce in Canada?
Divorce proceedings are complex and time-consuming. It involves a lot of paperwork, counseling, mitigation, trial, and finally, a judge’s ruling.
In Canada, the cost of divorce can vary from state to state and the level of conflicts between two parties. It is tough to give an exact idea of how much it could cost to divorce in Canada.
However, to give you a rough idea, we have listed the estimated cost of divorce in Canada in the following table. The following costs of divorce are for one person.
Category | Eastern Provinces of Canada | Western Provinces of Canada | Ontario |
Uncontested divorce | $4,800 to $6,000 | $5,200 to $6,400 | $5,400 to $6,800 |
Contested Divorce | $25,300 to $43,300 | $24,300 to $43,300 | $26,300 to $50,300 |
High-end law firm | $57,800 to $78,800 | $56,800 to $75,800 | $58,800 to $82,200 |
Do You Need a Reason to Divorce?
No matter how hard you try, sometimes divorce is the best solution for a failed marriage. However, the way to get a divorce is not smooth. When your divorce rolls up to court, you must show valid reasons why you need a divorce.
Marriage is strictly cherished in Canada. No one can just end a marriage for no reason. Therefore, you must show solid grounds for divorce to convince the judge to grant a divorce.
In Canada, according to the Divorce Act, you can show your marriage has broken down under the following conditions:
- Your partner has been mentally or physically harsh to you.
- You both have been living apart for more than a year.
- Your partner committed adultery.
How Long Must a Couple Be Separated Before Divorce in Canada?
The breakdown of the marriage is usually confirmed by a separation period. This means that a couple must live apart for a continuous period. Usually, the couple must stay separate for at least one year before finalizing a divorce. Otherwise, the court will not consider the grounds for divorce.
They can be considered separated if they live in the same house but separately. For example, they may sleep in different rooms and not engage in typical marital activities together.
If you file for a divorce based on a one-year separation, you can stay together for 90 days to try to settle. This can be either before or after you file the divorce. If things don’t work out, you can continue the divorce process.
Average Wait Time for a Divorce in Canada
Once a divorce petition is filed, the court usually takes 1 to 4 months to process and finalize the divorce. It depends on the complexity of the case, the court’s workload, and any administrative delays.
After submitting the Statement of Claim for Divorce to the court, the court takes 20 days to consider the case. Then, the National Divorce Registry takes about 6 weeks to issue a divorce certificate to the Court.
Once the judge grants a divorce, you need to sign the papers. This process takes 31 days to complete the paperwork. After that, you will be legally separated. Thus, getting a divorce certificate takes around 1 to 4 months.
Fees of Legal Professionals in Canada
Divorce is a legal battle. You need a few legal professionals for a fair divorce settlement. They will charge you a fee to help you navigate the way. Here’s a general overview of the fee structures of legal professionals in Canada.
Lawyers
Divorce lawyers charge differently in different states. They usually charge on an hourly basis. Hourly rates for lawyers can range widely, from around $150 to $350 or more per hour. It depends on the lawyer’s expertise, the type of legal matter, etc.
Experts
They can help you get out of the mentally devastating process of divorce. Their fees are high. You can expect to spend around $2000 to $15,000 for their service.
Bailiffs
Bailiffs usually work with the lawyer. They help to produce and send case documents related to the case. With the lawyers, you will have to pay the bailiffs. Each bailiff may charge you around $100.
Notaries
In Canada, notaries do not typically handle divorce proceedings. In some states, a notary can help you with an amicable divorce. Notaries will charge you depending on your case and family condition.
How to Keep Divorce Costs to a Minimum?
Keeping divorce costs to a minimum is often a priority for many couples. Here are several tips to help minimize divorce costs:
- Try to communicate openly with your spouse and work together to resolve issues whenever possible.
- Consult with a family lawyer early to discuss the cost reduction options.
- Try to keep away things like life insurance or inheritance money.
- If possible, opt for an uncontested divorce where you and your spouse can’t agree on the divorce terms.
Conclusion
Divorce brings significant financial complications along with being emotionally challenging. Knowing the cost of divorce in Canada can help the couple overcome this situation.
So, it is better to come to a mutual agreement. Last but not least, contact a family lawyer to discuss your case.
FAQs
Who usually pays for a divorce?
The divorce cases run from both sides. So, both parties have to pay for legal fees. Sometimes, the husband may be asked to pay for the wife. The wife has to show a valid reason for that.
Is divorce expensive if both parties agree?
No, the cost will be considerably low. When both parties agree on major issues, the cost of divorce can be as low as $500.
How long does a divorce take after filing papers?
A divorce case takes around 1 to 4 months to be dismissed after filing papers. This is the expected time if the court sessions run timely.