The cost of a divorce in Canada depends far more on whether the spouses agree than on anything else. A divorce where both agree on property, support and parenting costs the court fees and a modest amount of legal work; every issue that has to be negotiated, mediated or decided by a judge adds lawyers’ hours, experts’ reports and months. This page breaks down each cost. It is part of our directory of what things cost in Canada; the money steps of a separation itself (the asset inventory, the home, registered plans, the new budget) are in the divorce and separation financial checklist.
Court and government fees
Each province sets its own court fees for a divorce, and every divorce application also carries a $10 federal fee for the Central Registry of Divorce Proceedings.
| Ontario fee | Amount |
|---|---|
| Filing a divorce application | $214 |
| Placing the application on the list for hearing | $445 |
| Federal Central Registry of Divorce Proceedings fee | $10 |
| Total court and government fees | $669 |
Ontario fees from Ontario’s “Family court fees” page. Other costs at this stage include a certified copy of the marriage certificate (a provincial fee) and, if needed, a process server to deliver documents to the other spouse.
Lawyers’ fees
| Type of divorce | What drives the legal cost |
|---|---|
| Uncontested (joint or sole application, terms agreed) | Often a flat fee for preparing and filing the documents |
| Negotiated separation agreement | Hours spent on disclosure and negotiation by each spouse’s lawyer |
| Contested, settled before trial | Hourly fees for disclosure, motions, case conferences and negotiation |
| Contested, through trial | All of the above plus trial preparation and court days; an appeal adds more |
Family lawyers usually bill hourly with a retainer up front, and rates rise with experience and are highest in large cities; how lawyers set fees is covered in how much a lawyer costs in Canada.
Mediation and collaborative law
| Route | How it works | Cost drivers |
|---|---|---|
| Online or do-it-yourself divorce | Document preparation for couples who agree on everything | A fixed service fee, plus court fees; legal advice is separate |
| Mediation | A neutral mediator helps the spouses reach an agreement, which is binding once signed (and filed where required) | The mediator’s hourly rate and the number of sessions, usually shared, plus each spouse’s independent legal advice |
| Collaborative law | Each spouse has a collaborative lawyer and everyone commits to settle out of court; if it fails, both lawyers withdraw | Two lawyers’ hours, often plus a financial specialist or coach |
| Litigation | A judge decides the issues the spouses can’t settle | Lawyers’ hours, experts and court time over months or years |
Other professionals
| Professional | When they are needed |
|---|---|
| Real estate appraiser | Valuing the family home |
| Business valuator | One spouse owns a business |
| Actuary or pension valuator | Dividing a defined benefit pension |
| Forensic accountant | Hidden or complex income or assets |
| Parenting assessor | Contested parenting arrangements |
| Parenting coordinator | Ongoing parenting disputes after the order |
Agreeing on a single neutral expert, rather than each spouse hiring one, cuts this part of the bill.
Support and property, in brief
How property is divided in each province, and how RRSPs, pensions and the home are handled, is covered in the divorce and separation financial checklist. Child support follows the Federal Child Support Guidelines tables; see the child support calculator. Spousal support, and how the Spousal Support Advisory Guidelines estimate it, is in the spousal support calculator. The Canada Child Benefit is recalculated on each parent’s own income after a separation.
Costs that come after
| Expense | Notes |
|---|---|
| A new home | Deposits, moving and furnishing a second household; see moving costs |
| Selling the family home | Real estate commission (negotiable) and legal fees |
| Breaking the mortgage | A prepayment penalty if the mortgage is paid off or refinanced mid-term; see getting a mortgage after divorce |
| New estate documents | A will and powers of attorney; see what a will costs |
| Counselling | For the spouses or the children |
| Lost tax benefits | Pension splitting and the spousal amount no longer apply |
Keeping the cost down
| Approach | Why it saves |
|---|---|
| Agreeing on major issues before involving lawyers | Fewer hours of negotiation |
| Mediation instead of litigation | One neutral professional instead of two sides preparing for court |
| Gathering financial documents early | Less lawyer time spent on disclosure |
| Unbundled legal services | Paying a lawyer to review or coach instead of handling everything |
| One agreed appraiser or valuator | Avoids competing expert reports |
| Settling small disputes without court | Each motion adds preparation and court time |