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. For the Court Ready package, questioning (examinations) and mediation are also billed separately if needed.
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. The balance of your fee is required to be paid before the Separation Agreement is signed.
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.
