When someone intend to divorce, they often here negative comments like this: “Oh you want to launch a divorce procedure? You should be careful and pay attention to what it will cost you… Divorces are very expensive”. And for good reason, it happens that the expected costs are exceeded, and people often lack explanations. Sometimes they also still do not understand why this exceeding happens. We also acknowledge that most firms do not share their rates on their website, and we do understand that it can be intimidating to make a first contact by phone. That’s why our dedicated team of lawyers chose to write this article and to inform you with transparency about our rates.
What is the difference between a non-contested divorce and a contested divorce? And what are the impacts of this difference on a budget to be budgeted in a divorce?
You should know that generally, in Canada, one in four marriages ends in divorce. Also, there are two types of divorce: spousal or non-contested divorce and contested divorce. Moreover, depending on the type of divorce that corresponds to your situation, the procedures that apply differ, that is to say that they can be are more or less complex. Consequently, this can have the effect of increasing or not increasing your legal fees.
Furthermore, regardless of the province in which you are located, any divorce in Canada is governed by the federal Divorce Act.
However, specific procedures also apply within each province and it is therefore preferable to contact a lawyer during your divorce proceedings in the province of Québec.
Rates that apply in the case of an uncontested divorce
In the context of a joint or “not-contested” divorce, the two persons concerned want the divorce to take place, so there is no opposition and the two parties register a common file. All decisions are made and validated by mutual agreement and since the proceedings are less, the costs are also lower than in the case of a contested divorce. In other words, it is the fastest form of divorce, the least difficult humanly speaking and the least expensive.
Cost of an uncontested divorce without child(s) issue:
The cost of a non-contested divorce initially amounts to approximately $1,500 plus taxes. This is in addition to $113 + taxes in court fees.
Cost of an uncontested divorce with child(s) issue:
If your situation involves one or more children, you need to charge about $2,000 + court fees + taxes.
In order to give you an idea of the reasons for these costs, here is a non-exhaustive list of the services that our lawyers offer you: drafting a consent to judgment, writing the two affidavits under oath, writing the application, preparation of exhibits and backups, consultation with your lawyer for information, calculation of support, completion of all forms required by your lawyer, receipt of documents and appointments with you to prepare you for the court presentation.
Rates in the case of a contested divorce
A “contested” divorce refers to a situation in which one or both spouses do not accept the terms and/or terms of the divorce. Disagreement may include issues such as custody of children, division of property, or access to child support. Thus, if this type of divorce is the most emotionally challenging, it is also more complex than a non-contested divorce since court intervention is necessary. The procedures it does involve are more complex and require more legal services: representations before the courts, filing applications in court, arduous defence against an adverse party who does not want to find an agreement, etc. That explain why the costs associated with a contested divorce can escalate very quickly and an initial budget may be exceeded.
Our lawyers can help you in many things : writing the application, preparation of exhibits, testimony and backups, consultation with your lawyer for information, calculation of the amount of support you may claim in front of the judge, completion of all forms required by your lawyer, child care advocacy, receipt of documents and appointments with you to prepare you for the court presentation.
Why would you choose Allen Madelin?
A divorce never is an easy experience to get through and you may feel overwhelmed by all sort of events. At Allen Madelin, our lawyers and our legal team are here to reassure you. We offer you a diligent, methodical, personalized and pragmatic follow-up and we will explain everything to you at every stage of your divorce.
Contact us to make a first consultation with one of our lawyers
First, we will propose you to attend a first consultation.
Before this consultation take place, we will ask you for some information to understand what your situation is:
- Which type of divorce does your situation look like?
- Are they any children involved in your divorce?
- What actions were taken or not taken previously with your spouse?
We will also provide you with a list of documents to bring during your first consultation with one of our lawyers. This first consultation is not binding neither on you nor on our lawyers. That is why, at Allen Madelin, we decided to propose our clients a basic reduced rate during our first consultations, which is $125 plus taxes per hour.
During first consultation
During the first consultation, one of our lawyers will welcome you to our office at 4621 Boulevard Saint-Laurent, in Montreal, or, in the case that making a displacement to Montreal is too complex for you, by telephone or using Skype application.
The purpose of this first consultation is to allow our lawyers to understand the situation in which you find yourself, but also to explain to you the various stages of the process in which you are engaged. We will also take advantage of this first contact with you to explain to you in detail the services covered by our lawyers’ fees. Our regular hourly rate is very competitive and can vary between $200 and $300 plus taxes depending on your situation.
During the legal proceedings
As said before we propose you an extremely competitive hourly rate of $200 to $300 an hour.
Also, our legal team offers to accompany you and answer all your questions no matter what stage you are in. We also take the engagement with you to give you a monthly estimate of your budget so that you can follow up with your expenses. Thus, we will provide you with a detailed quote that will include all the costs associated with your invoice and what they are related to: court fees, bailiff, etc.
Whether you live in Montreal, elsewhere in Canada, or even if you are domiciliated abroad, our team will construct with your help a strong strategy to protect your interests and defend your rights as much as possible especially in order for you to take control of your legal situation.
As you know, contested divorce proceedings can take a long time. We know that legal fees can escalate very quickly, and our goal is to maximize that kind of probabilities so that you would not sink financially speaking. Obviously, the more aggressive and unwilling the opposing party will be to any agreement, the longer and more complex the divorce proceedings will be. That is why our efficient and determined team puts all its expertise, its accompaniment and listening skills to your service, and this is why we do adapt our services regarding the specificities of your needs.
It is also important to point out that, in addition to our hourly rate, there are all the ancillary costs: court fees, bailiff’s fees, psychological expenses if necessary, psycho-social expertise expenses if needed, accounting fees, actuarial fees.
If you need more information or to make an appointment for a first consultation, do not hesitate to contact us by phone at 514 904-4017 or by email at [email protected].
