Are you looking for the cost of a separation agreement in Ontario? Our friendly team can point you in the right direction. You have multiple options, all with their own pro’s and con’s
- Do the separation agreement yourself and see if the courts and bank will accept it
- Get legal coaching from a paralegal or lawyer
- Hire a lawyer to do the agreement
If you are ready to speak to a lawyer or paralegal to get a quote and separation plan, fill out the form on the side of this page. Please be specific about where you are located, where your spouse is located, and the issues. No matter which of the three options you pick, it will not cost less than $1000. Separation is a serious situation, and you need to invest in protecting yourself.
We will discuss each of the three options below. The cost for the separation agreement will vary depending on which option you chose. We recommend focusing on creating an agreement that resolves the problems for good. Starting your search with the costs is not a good idea. You need to think about many different things. It’s required that both sides make full and honest financial disclosure. If they do not, the separation agreement is worthless. It will get thrown out by the courts in a matter of minutes.
All someone has to do is show a judge that financial information wasn’t provided, and the judge will likely rule the agreement is worthless. Now your legal services costs will be around $20,000 fighting over every issue in provincial court.
Ontario Court of Justice | Agreement In Ontario Cost
In Ontario, the Ontario court of justice is the provincial court. There are over 250 judges in Provincial Court. This court will deal with the court order if you cannot agree on a separation agreement. Below are the issues the provincial court (Ontario court of justice) will deal with:
- Child protection orders
- Child visitation and access
- Custody of children
- Child support and spousal support
Superior Court of Justice
Once you have a court order from the provincial court or a separation agreement, you can ask for a divorce. The provincial court does not deal with divorces. The Superior Court of Justice deals with divorce, under the national Divorce Act. If you want to, you can deal with all the family law issues that the provincial court deals with in the Superior Court.
Keep in mind that the Superior Court is very challenging for non-lawyers. The provincial court is patient with non-lawyers, the Superior Court is not. There are over 200 Superior Court judges. A lot of self-represented (non-lawyer) litigants find the judges don’t like listening to them in the upper courts. This is quite realistic and true.
How Does Getting A Separation Agreement Work?
If you want to do the domestic agreement yourself, see the link.
Legal coaching is fantastic. If you have limited funds, we highly recommend this over trying it yourself. You might get the agreement signed, but that does not mean it’s okay. Many separation agreements get rejected by the courts. The paralegal or lawyer will coach you on how to do the legal work. They will send you the forms, and then you will fill out all the information yourself.
This will reduce your costs. Once you are finished, you will send your work to the legal coach. They will mark it up and tell you what you need to change. It’s like going to law school, but for your own case.
When you go to file for divorce, there are many reasons why they are rejected. One reason is that there was no independent legal advice (ILA.) This is required. Therefore, lawyers are always required when it comes to filing for divorce.
Separation agreement in Ontario cost
If you get a paralegal to do the agreement, it will normally cost between $1000-1500.
Lawyers in Ontario normally charge between $2000-2500.
If you do it, it will likely cost you over $10,000 in legal fees at a future date. You will also likely spend $1000 plus in court fees for your divorce. There are places to save money, like Walmart. The court is not a place to save money. Going to court yourself is like doing surgery on yourself.
We recommend you go back and check out further articles we wrote. They can be found by clicking on the links in this article.
Author: Alistair Vigier is the CEO of ClearWay Law