FEES

Uncontested Divorce   Marriage Contract   Retainer

MARRIAGE CONTRACT

Provided there is nothing out of the ordinary (which is the case 99% of the time) my fee to advise one as to their rights and obligations and to draft their Marriage Contract or Cohabitation Agreement is $750. If much more than the standard amount of time is needed, such as major negotiations, the extra work is billed at my standard hourly rate of $325 an hour. There is HST payable but generally no other office disbursements. I have a standard Retainer Agreement for Marriage Contracts and Cohabitation Agreements. I ask that $500 be payable at the end of the first consultation and the balance paid at the signing appointment. Payment can be made by cheque, Interac, VISA or MasterCard. The Retainer contains an acknowledgment setting out the limitations of Marriage Contracts and Cohabitation Agreements.

UNCONTESTED DIVORCE

Definition of Uncontested Divorce

An uncontested divorce is one in which no relief is being requested other than a divorce, or the terms of the relief have already been settled by a Separation Agreement or Court Order. There would also be no problem in locating and serving the other spouse.

If the parties have agreed to settlement terms but there are no written Separation Agreements or Court Orders, no issues as to property or financial disclosure, the case would be considered an uncontested divorce. In that case, however, there would be an extra charge to draft Minutes of Settlement setting out the terms of the agreement between the parties.

Eligibility

To be entitled to commence an uncontested Divorce Application a person must have a ground for a divorce under the Divorce Act.  The main grounds are one (1) year separation, and adultery.  An Application can be issued before the one year but the Application for the Divorce Order cannot be made until the one year is up, and then there is still a one month waiting period.  The adultery must be the other party’s adultery, and must have occurred either after the separation, or before, but if before the adultery cannot be forgiven.  The law also allows for a 90 day reconciliation period during the one year separation, which would not affect the starting point of the one year.

Solicitor's Fee:

$900.00 plus HST of $117.00 This fee includes:

1. Drafting, signing, issuing and serving the Application for divorce
2. Preparing documentation to obtain the Divorce Order
3. Preparing the documentation to obtain a Certificate of Divorce
4. Reporting to the client

Total fees, disbursements and HST (approx) $1,600.00

Payment of Fees and Disbursements:

A payment of $900.00 is required at the time of signing the Application for divorce. The balance of the fees and disbursements is required at the time of signing the Affidavit for the Divorce Order.

Procedure & Timing to Obtain an Uncontested Divorce

1. Client phones the lawyer with information to draft Application for divorce (day 1)
2. Client signs the Application for divorce (day 4)
3. Court issues the Application for divorce (day 6)
4. Spouse is served with Application for divorce (day 8)
5. Lawyer applies for Divorce Order (30 days after spouse is served if served in Ontario, 50 days if outside of Ontario)
6. Client receives Divorce Order directly from Court (approximately 1-2 weeks after applying, provided there is a Central Divorce Registry Clearance Certificate). Lawyer applies for Certificate of Divorce (31 days after judge signs Divorce Order which is approximately 1 week from the applying for Divorce Order)
7. Client receives Certificate of Divorce from lawyer (approximately 1 week after lawyer's application for the Certificate of Divorce)

An uncontested divorce may therefore be obtained within three months after contacting the lawyer. This can be delayed if the Central Divorce Registry Clearance Certificate has not been received when applying for the divorce order. This search is controlled by the Court and not the lawyer.

RETAINER

1. I, the undersigned, hereby retain and employ Lawrence S. Pascoe as my solicitor and hereby authorize him to represent me in my matrimonial dispute and to take such actions, conduct such proceedings, perform such services, make such disbursements and employ such counsel, agents and other experts as he considers necessary or proper for the conduct of such matters on my behalf.
2. I understand that I will be requested to provide an advance on my account of legal fees and disbursements from time to time or I will sign an authorization to charge my credit card upon rendering an account to me. I understand that the initial advance is generally $1,000.00 but may be higher or lower depending on the case. Money advanced will be held in his trust account to my credit to be applied toward such disbursements and legal fees when incurred. I UNDERSTAND THAT WORK WILL NOT BE PERFORMED UNLESS SUFFICIENT ADVANCES ARE PAID TO COVER THE WORK TO BE PERFORMED OR THE CREDIT CARD AUTHORIZATION HAS BEEN SIGNED.
3. I understand that the legal fees for this matter will be based primarily on an hourly rate which is $325.00 per hour, plus HST. I understand that certain services such as agreements, divorce documentation and major reporting letters will be charged on a block fee basis. However, in fixing the final fee, the following matters may be taken into account:
   1. the difficulty and importance of the matter
   2. whether special skills or services have been required or provided
   3. the amount involved or the value of the subject matter
   4. the results obtained
   5. the certainty of the compensation
   6. the urgency of the matter
4. I understand the hourly rate may increase each January 1st . If I am notified that the hourly rate has increased, I agree to pay the new hourly rate on work commenced two weeks after such notification is given to me.
5. I understand that in addition to the legal fees, my bill will include reasonable and necessary disbursements of money paid by the firm on my behalf as well as the goods and services tax on my legal fees and non-court disbursements. I understand that a one time flat fee of $25 is charged if DIVORCEMATE software is used on my file. As well, a one time $50 disbursement to the Law Society will be paid for their insurance levy.
6. I understand that in the course of this matter, the firm may receive monies in trust from third parties to my credit. I authorize Lawrence S. Pascoe to deduct from such monies his legal fees and disbursements in this matter or other matters in which the firm has been retained by me.
7. I agree that all accounts, including interim accounts, are payable upon receipt and I agree to pay interest on any amounts outstanding for more than thirty (30) days in accordance with the Solicitor's Act.
8. I understand that this retainer in no way prevents me from having my account reviewed if I so desire. I understand there is an assessment officer of the Ontario Court in Ottawa who has the power to review lawyers' accounts. This assessment must be done within thirty (30) days of receipt of my account.
9. I acknowledge I have received Lawrence Pascoe's Memorandum on Legal Fees for Family Law Files.
10. I understand that in some circumstances if Lawrence S. Pascoe refuses to follow my instructions for professional reasons he has the right to terminate my retainer with him.

DATED at Ottawa, Ontario, this __________ day of ___________________, 20_____.

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Signature

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