Reasonable Priced Family Lawyer In Toronto
Family law is important to most Canadians as it regulates relationship between spouses, parents and their children. According to the Canadian family law, marriage and divorce are governed by federal jurisdiction. Other issues including adoption, division of matrimonial property and child support fall under provincial laws which vary across different jurisdictions. The average cost of divorce in Toronto area depends on whether you’ll retain your attorney and if your divorce is contested or uncontested.
Uncontested Divorce
In an uncontested divorce, a spouse is not making claims against the other and there is a mutual, written agreement between both parties. According to the Canadian Lawyer 2011 legal fees survey, the cost of an uncontested divorce ranged from $1,006 to $2,547 with the average rate being $1,353.
Contested Divorce
Contested divorce is complex and more expensive; it requires more effort and time on the part of your lawyer. In a contested divorce, the lawyer has to be retained because the court has to intercede.
Lawyer’s Billing Rate
The cost for divorce will depend on the family lawyer’s fees. According to the Canadian Bar Association survey, many clients are demanding different billing structures with most not willing to pay unless it’s on a flat fee basis. Other options preferred by most of these clients included block fees, unbundling, means-tested, capped hourly rates and contingency fees. According to a research carried out in 2013, the average hourly rates were $193 for 1 year calls, $256 for 5 year calls, and $310 for 10 year calls and $364 for 20 year calls.
Assets and Debts
Your divorce could cost more if you have a significant amount of assets such as bank accounts, retirement funds, investments, cars and jewelry. This is because your family lawyer has to work with other experts to determine value and character of some assets. Character refers to ownership of assets which could be single ownership or joint ownership. The cost of hiring these professionals makes the divorce process more expensive.
For Fault Divorce
A ‘for fault’ divorce is filed on grounds of adultery or cruelty. In this kind of divorce, one couple is trying to prove that the other spouse is responsible for the breakdown of their marriage. To substantiate the claim, you have to provide proof of what happened. In this type of divorce, you must have legal representation. For fault divorce is not recommended because it tends to be lengthy, difficult and more costly. Remember that a legal separation does not mean that your marriage is over, legally, you are still married to your husband. Therefore, to enter into an intimate relationship with someone else other than your husband is adultery.
Getting into an intimate relationship with a new partner complicates the divorce process making it more expensive. If the court finds out that you have spent a lot of money on the third party, your partner may be entitled for compensation.