Divorce comes with some costs and expenditures. You might need to hire a divorce lawyer in Surrey, pay your spousal support and some additional costs for court proceedings.
So, the question arises: who pays for divorce in Canada?
Sometimes the judge may order the higher-earning party to cover the expense. However, the other party must provide a valid explanation.
Let’s learn about common costs, including lawyer’s expenses and who to pay those.
Who Pays for Different Kinds of Expenses in a Divorce?
Starting with the application fee, one will encounter different kinds of expenses. And some of the payment is made jointly, while you need to bear others alone.
Let’s check who pays for each of the expenditures.
Legal Fees
Typically, you need to pay your lawyer to draft legal documents and disburse the document. These are additional fees for filing your divorce application.
Furthermore, these fees cover making copies of legal documents, helping your spouse, etc. The total amount you pay to the lawyer can be divided into the following categories.
Lawyer arrangement
- Cost: $300 to $600 per hour
- Who pays: Both parties
Both parties might need to hire lawyers to prepare the entire divorce agreement. Generally, in a contested divorce, both spouses need the help of a lawyer. The lawyer will prepare the following documents, and you will pay for those and the wage.
Separation Agreement
- Cost: $1500 to $2000
- Who Pays: Both parties
Most divorce applicants assume that arranging a divorce order is most important. In fact, it’s the separation agreement that you need to prepare first. This agreement covers the property you jointly own, such as the home, debts, and financial assets.
The expense of a separation agreement mainly depends on how complicated your divorce is. Nevertheless, it can cost around $1500 to $2000.
If it’s a case of separation, one spouse first makes a draft with the help of a lawyer. Next, hiring a lawyer the spouse reviews.
Child Custody & Child Support Agreement
- Cost: $1500 to $2000
- Who Pays: Both parties
If you two have children together, you must ask your lawyer to make a different agreement for that. It’s called a child custody agreement and a child support agreement.
These agreements are made depending on different factors. And the agreements are changeable depending on circumstances.
Uncontested Divorce
- Cost: $600 to $1000
- Who pays: Both parties
After being in separation for 1 year, if both parties peacefully agree that they want a divorce, you need to make an uncontested divorce application.
In this case, the proceeding for divorce is totally straightforward. Simply, you file your divorce and use the child custody agreement drafted during the ‘separation.’
Additionally, you don’t even need to go to court to get your divorce application approved.
Contested Divorce
- Cost: $7500 to $12500
- Who pays: Both parties or the losing party
After living separately for one year, one party might want a divorce. In such a case, the defying party must show causes for that. They might have to pay all the court fees if they fail to explain why the marriage should go on.
This kind of divorce costs more because it involves extended negotiation between two parties. And that includes tasks for property division, spousal support, and child support.
Court Appearances
- Cost: $13000 to $26000
- Who pays: Both parties or the losing party
When separating spouses can’t agree on agreements like child support, spousal support or even the divorce itself, you two must visit courts.
The cost is higher in this kind of divorce case. Note that the cost range is a typical amount. But depending on the complications, the cost can be higher.
Third-party Fees
Summing up all the legal fees, the total cost is staggering! Basically, these are fees you pay to the lawyer you hire. And other than these costs, there are a few more costs, such as:
Court Filing
- Cost: $200 to $600
- Who pays: The applicant
To file your divorce application, you must pay a fee. Based on the province you’re in, the application fee will vary.
Usually, when people hire a lawyer, the lawyer collects the application and submits it. Later, you need to pay your lawyer for this.
Affidavit of Service
- Cost: $40 to $200
- Who pays: Sender
You might need to send your spouse the divorce agreement via mail. For that, you need to pay a bailiff. The cost can differ depending on the province you are in.
And the lawyer can complete the process. So, that goes into the total of the lawyer’s payment.
Appraisal Fees
- Cost; $300 to $400
- Who pays: Both parties, or the losing party
You might own property together. For that, you must see an appraiser to confirm the right value of the property. And it is just another payment you two make in a divorce process.
Final notes
For sure, getting a divorce in Canada costs a lot. Before you even know it, the fees pile up. So, it won’t be wrong if you say it’s like death by a thousand cuts!
However, remember that every divorce is different, and the payment arrangement will depend on different factors.
