FAQs

Q: How do I know if I qualify for flat fee service?

A: If you meet all the requirements (T4 employees, no businesses, assets under $3M, separated within a year), you likely qualify. We'll confirm during your free consultation.

Q: What if my case becomes more complicated than expected?

A: We carefully screen clients during the consultation to ensure you're a good fit for flat fee service. If unexpected complications arise that fall outside the scope, we'll discuss options with you which may include converting your matter to our hourly rate retainer. However, the vast majority of our clients complete their divorce within the original scope and fee.

Q: My spouse and I already agreed on everything. Can't we just use one lawyer to save money?

A: No—Ontario law requires each person to have independent legal advice. More importantly, we regularly see couples who think they've "agreed on everything" but their agreement has serious legal or financial problems that would cost them thousands (or tens of thousands) later. You each need your own lawyer to review the law, calculate entitlements properly, and ensure you're making informed decisions.

Q: What's not included in the flat fee?

A: Court filing fees (if required), process server fees, DocuSign fees, and other disbursements are billed separately as they're incurred.. We'll let you know about these additional costs upfront.

Q: What if we can't reach an agreement and need to go to court?

A: You can upgrade to our Court Ready Package at any time. Any unused fees from your original package will be transferred to the court matter. We'll be transparent about costs and options at every stage.

Q: What if we settle faster than expected—do I get a refund?

A: Our flat fee agreements require payment of the full fee regardless of how quickly we reach settlement. This is because we've allocated the lawyer and clerk time to your file, prepared for all stages, and committed to seeing your matter through. The fee reflects the value and certainty you receive, not just the hours spent. 

Q: What if I need to end the flat fee retainer before we're finished?

A: If you end the flat fee program before conclusion, we'll refund any unused fees after billing time incurred at our hourly rate.

Q: What if the Firm ends the flat fee retainer before we're finished?

A: If we end the flat fee program before conclusion, we'll refund any unused fees after billing time incurred at our hourly rate. We may end the retainer for a failure to cooperate with financial disclosure and timelines and if delays are caused by your lack of cooperation or failure to respond.

Q: Can I talk to my lawyer as much as I need to?

A:  The flat fee includes dedicated communication time with your lawyer (4-8 hours depending on package). This covers phone calls, emails, and questions throughout your file. If you need significantly more communication time, hourly rates will apply, but most clients find the included time more than sufficient.

Q: What is the difference between a separation agreement and a divorce order?

A: A separation agreement is a legally binding contract between you and your spouse that addresses all the important financial and parenting matters arising from your separation, including property division, spousal support, child support, parenting arrangements, and other relevant issues. This agreement establishes your substantive rights and obligations and allows you to live separate lives according to its terms. A separation agreement does not require a judge's involvement and can be negotiated and finalized relatively quickly with the cooperation of both parties.

A: A divorce order, on the other hand, is a court order issued by a judge that formally and legally ends your marriage. Obtaining a divorce order requires filing an application with the court, providing required documentation, and waiting for judicial approval. While the divorce order is the official legal document that terminates the marriage, it typically incorporates the terms already established in your separation agreement. The separation agreement governs your day-to-day rights and responsibilities, while the divorce order provides the final legal dissolution of the marriage itself.

Q: What is the process for obtaining a divorce order?

The divorce order process begins after your separation agreement has been finalized. To obtain a divorce order, you file an application with the court that may include your separation agreement, sworn affidavits, and other required documentation demonstrating that you meet the legal grounds for divorce in your jurisdiction. In most cases, this involves showing that you have been separated for the required statutory period, being one year. The court reviews the application to ensure all legal requirements are met and that any arrangements for children are in the best interests of the children. If everything is in order and there are no objections, the court will issue a divorce order, which becomes final after a specified waiting period. The entire process typically takes several months from the date of filing, depending on court processing times. There are no Court attendances and everything is done in writing. Some people prefer to do this filing on their own and others retain our Firm to file. The fee for our Firm to file a Simple Divorce is $2250 plus HST and many couples share this cost.

Q: Do your packages include obtaining a divorce order?

A: No, our 90-Day Divorce packages focus on negotiating and finalizing your separation agreement, which establishes all of your substantive rights and obligations. The divorce order is a separate service that requires additional court work and filing fees. If you wish to obtain a divorce order after your separation agreement is complete, we offer a Simple Divorce service for an additional fee of $2,250 plus HST. This retainer covers the preparation and filing of all necessary court documents to obtain your divorce order. We are happy to discuss this option with you once your separation agreement has been finalized, or at any point in the future when you decide you would like to proceed with the formal divorce.

Q: Do I need to get a divorce order?

A: Not necessarily. Some of our clients choose not to obtain a divorce order, or they wait months or even years after signing their separation agreement before pursuing one. Once you have a separation agreement in place, you have already resolved all the practical and financial matters related to your separation, and you are legally entitled to live separate lives according to its terms.

The main reason most people eventually obtain a divorce order is if they wish to remarry, as you cannot legally marry someone else while you are still married to your spouse. Some people also seek a divorce order for personal closure or to definitively end the legal marriage relationship. However, many clients remain separated but not divorced for various reasons, including maintaining benefit coverage through a spouse's plan, religious considerations, or other personal circumstances.

It's important to note that there may be legal implications to remaining separated but not divorced in areas outside of family law, such as estate planning, immigration, tax matters, or other civil legal issues. These implications are beyond the scope of our family law practice, and we recommend consulting with appropriate professionals in those fields if you have concerns about how your marital status may affect other areas of your life.

Q: Why do you call it a "90 Day Divorce" if there's no divorce order at the end?

A: Great question! In everyday conversation, most people use the term "divorce" when they're actually referring to a separation and the resolution of family law issues. What most couples are truly concerned about—and what impacts their daily lives—are the substantive matters like child support, parenting arrangements, spousal support, and property division. These issues are addressed in a separation agreement, not necessarily in a divorce order itself.

A divorce order is the legal document that formally ends a marriage, but it doesn't necessarily deal with these important family law matters. Our "90 Day Divorce" is a marketing term designed to shift couples' focus toward efficiently negotiating their separation and resolving these substantive issues, particularly in cases with minimal to moderate financial complexity.

It's an marketing name that reflects our streamlined approach, not a technical legal term.

The process can also apply to common-law spouses (they can’t get divorced) who need to resolve support, parenting, and property matters, depending on the complexity of their situation. Our goal is to help you move forward with clarity and efficiency, addressing what truly matters most to you and your family.

Q: What are some tips of what not to do during divorce?

A: Divorce proceedings can be very stressful and taking certain actions during this time can often make things worse. Here is some advice for things you should avoid during a divorce - posting about your divorce on social media, flaunting a new relationship to your ex or your children, selling or purchasing assets, hiding assets from your spouse and/or lawyer.

Q: When should I contact a lawyer?

A: You should contact a divorce lawyer as soon as you think you may need one! Whether you’re facing challenges in your marriage or have already decided that divorce is the best decision, it’s crucial to understand your rights and obligations in any family law matter. This understanding is particularly important in the context of divorce and separation, where issues such as property division, child custody, child support, and spousal support come into play. A lawyer can guide you through every step of the process, ensuring you have a comprehensive strategy to approach these family law matters, whether your case involves contested or uncontested divorce, separation agreements, or representation in family court. The sooner you begin to work with a divorce lawyer, the better prepared you will be.

Q: Do I need a lawyer to get divorced in Ontario?

A: The law does not require you to hire a lawyer. However, the whole process is complicated. Seeking legal counsel and the representation of a divorce lawyer helps you to ensure that you take all the necessary actions on time, that your rights are protected, and that your case progresses promptly and smoothly.Divorce lawyers are experienced, enabling them to deal with issues more effectively and efficiently than a layperson who lacks knowledge and experience. A lawyer also has greater access to resources to ensure that your rights and interests are well protected.

Q: Can I get divorced if my spouse doesn’t agree?

A: Yes, you can get divorced in Ontario even if your spouse doesn't agree or consent to the divorce. Canada has "no-fault" divorce laws, which means you don't need your spouse's permission to end your marriage.Under the Divorce Act, you can obtain a divorce on the grounds of marriage breakdown, demonstrated by one year of separation. As long as you and your spouse have lived separate and apart for at least one year, either party can apply for divorce—regardless of whether the other spouse wants the divorce or not. While your spouse cannot prevent the divorce itself, they may contest other issues such as property division, spousal support, or parenting arrangements.

An uncontested divorce (where both parties agree on all issues) is typically faster and less expensive than a contested divorce. However, if your spouse refuses to negotiate or disagrees on key issues, the court can make these determinations for you.

Q: How much does a divorce cost in Ontario?

A: The cost of a divorce in Ontario varies significantly depending on the complexity of your situation and whether your case is contested or uncontested.

Uncontested Divorce: If you and your spouse agree on all issues—including property division, support, and parenting arrangements—and the agreement is based with a full understanding of your rights and obligations, an uncontested divorce is the most affordable option. These cases typically range from $5,000 to $10,000 in legal fees, plus court filing fees. The process is straightforward when both parties cooperate and sign the necessary documents.

Contested Divorce: If you and your spouse disagree on significant issues such as asset division, spousal support, or child custody, costs increase substantially. Contested divorces can range from $30,000 to $50,000 or more, depending on the complexity of your financial situation, the level of conflict, and whether the matter proceeds to trial. Cases involving court can easily exceed $100,000 in fees before trial. Trial costs can double this amount.

Q: How is property divided in Ontario family law?

A: Ontario follows a system called equalization to divide property when married spouses separate. This doesn't mean that each asset is split in half—rather, the law aims to equalize the net value of property accumulated during the marriage.

How Equalization Works: Each spouse calculates their "net family property" (NFP) by taking the value of all property they own on the date of separation, minus the value of property they owned on the date of marriage (excluding the matrimonial home), and minus any debts. The spouse with the higher NFP pays half the difference to the spouse with the lower NFP. This payment is called an equalization payment.

What's Included: Net family property includes virtually all assets acquired during the marriage: real estate, bank accounts, investments, RRSPs, pensions, business interests, vehicles, and personal property. It also includes increases in value of pre-marital assets (except for gifts and inheritances, if kept separate).  There are other exclusions available for third party gifts and inheritances with certain exceptions.

Q: What is the Matrimonial Home and what special treatment is it given?

A: The matrimonial home is the property where you and your spouse ordinarily lived together as a family at the time of separation. In Ontario, the matrimonial home receives unique legal treatment that sets it apart from all other property in a divorce. Unlike other assets, the matrimonial home cannot be excluded from property division based on when it was acquired. Even if you owned the home before marriage or received it as a gift or inheritance, you cannot deduct its pre-marriage or gift value when calculating your net family property. This means the entire value of the matrimonial home on the date of separation is included in the equalization calculation, regardless of who owned it or how it was acquired.

Both spouses have an equal right to live in the matrimonial home during separation, regardless of whose name appears on the title. One spouse cannot unilaterally sell, mortgage, or lease the matrimonial home without the other spouse's written consent or a court order. This protection exists even if only one spouse is the legal owner.

Q: How is spousal support calculated in Ontario?

A: Spousal support in Ontario is determined through a combination of legal guidelines, judicial discretion, and the specific circumstances of your marriage. Unlike child support, which follows strict tables, spousal support calculations involve more flexibility and complexity.

While not mandatory, Ontario courts typically use the Spousal Support Advisory Guidelines as a starting point. The SSAGs provide formulas that generate a range of potential support amounts and durations based on the income of both spouses, the length of the marriage (or cohabitation) and whether there are dependent children.

The guidelines produce a low, mid, and high range for both the monthly amount and duration of support. Courts then consider various factors to determine where within that range (or outside it) your case falls.

Q: How long do I have to pay spousal support?

A:  The duration of spousal support in Ontario depends on multiple factors, and there's no one-size-fits-all answer. Support can range from a few months to indefinite periods, depending on your unique circumstances. While the Spousal Support Advisory Guidelines (SSAGs) provide ranges for duration, courts consider these as starting points rather than rigid rules:

Short marriages (under 5 years): Support typically ranges from 6 months to 1 year for each year of cohabitation. For example, a 3-year marriage might result in 1.5 to 3 years of support.

Medium-length marriages (5-20 years): Duration often falls within the SSAG range, which could be anywhere from a few years to indefinite support depending on the specific length of marriage and other factors.

Long marriages (20+ years): These often result in indefinite support, particularly when one spouse sacrificed career opportunities or has limited ability to become self-sufficient due to age or absence from the workforce.

Indefinite support doesn't necessarily mean permanent or lifelong support. It means there's no predetermined end date at the time of the order or agreement. Indefinite support can still be reviewed, varied, or terminated based on changes in circumstances, such as retirement.

Factors That Affect Duration:

Courts consider numerous factors when determining how long support should last:

Length of relationship: Longer marriages typically result in longer support periods
Age at separation: Older recipients may receive longer support due to reduced employment prospects
Childcare responsibilities: Primary caregivers may receive extended support, especially if they sacrificed careers
Education and employment history: The recipient's ability to retrain or re-enter the workforce
Health and disability: Physical or mental health issues affecting employability
Standard of living during marriage: The time needed to adjust to a lower standard of living
Roles during marriage: Whether one spouse supported the other's career advancement or education