Flat Fee
Separation Agreements
Straightforward, transparent pricing for legally sound Separation Agreements
At Kidston Helm Ross, we understand that separation can be challenging. To provide clarity and financial certainty, we offer flat-fee pricing for drafting Separation Agreements. These agreements help formalize property division, debt allocation, and other key financial matters in a legally binding document.
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What’s Included?
Our Flat Fee Separation Agreements include:
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Taking your instructions to understand your needs
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Preparing a comprehensive Separation Agreement
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Providing your ex-spouse/partner with a copy of the drafted agreement
Flat Fee Pricing
NOTE: For each pension to be divided, other than Canada Pension Plan credits, an additional fee of $350 per pension will be added, to a maximum of $700.
$2,500
plus taxes and disbursements
Family property and debt with a total aggregate value less than $1 million
$5,000
plus taxes and disbursements
Family property and debt with a total aggregate value of $2 million or more
$3,500
plus taxes and disbursements
Family property and debt with a total aggregate value between $1 million and $1,999,999
The above prices are inclusive of only the work we perform to take your instructions, prepare the agreement, and to provide your ex-spouse with a copy of the drafted agreement. Any time spent thereafter to negotiate with your ex-spouse or their lawyer will be billed at our hourly rates.
Questions & Answers
Here are some common questions you may have when considering a Separation Agreement
How do I know if I need a Separation Agreement?
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If you are married and are seeking to get divorced, you need to resolve all legal issues stemming from the breakdown of your marriage. These include parenting of minor children, child support, dividing property and debt, and addressing possible spousal support claims. If you and your ex are amicable and can agree on how to resolve those issues, then a Separation Agreement is a great way to resolve your case. However, if you and your ex disagree on one or more of the issues, then a Separation Agreement is probably not appropriate.
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Can I get divorced without a Separation Agreement?
Yes ... but if you don't have a Separation Agreement then the issues of parenting, child support, dividing property and debt, and spousal support will have to be decided by a judge or arbitrator. This involves a trial or contested hearing in court or through an arbitration proceeding. This is expensive and time consuming. If you and your ex can come to terms of agreement, then a Separation Agreement is the best way to wrap up your divorce or separation.
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Should I have my lawyer draft a Separation Agreement if I haven't already discussed with my ex how we want to resolve all of the issues in our divorce or separation?
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Probably not. A Separation Agreement is just what it says it is... an agreement. In order to make an agreement, both parties must agree on all of the terms in the agreement. Accordingly, having your lawyer draft a Separation Agreement before you and your ex have agreed on how to resolve all of the major issues (parenting, child support, dividing property and debt, and spousal support) is likely not appropriate. You must first reach a mutual understanding with your ex about the major issues, then a separation agreement can be prepared.
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What information do my ex and I need to exchange when doing a Separation Agreement?
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Our firm will work with you to collect a host of financial and personal information when we open your file. Typically, we request tax returns, bank account numbers and balances, pension statements, credit card numbers and balances, and credit balances-including mortgages. The quicker you can provide the requested information to us, the easier it is for us to draft the agreement.
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Once the Separation Agreement is drafted, and I approve it to be sent to my ex, what guarantee do I have they will sign it?
Zero. There is no guarantee that your ex will sign the agreement. They are welcome to hire their own lawyer to review the agreement. If they hire a lawyer, then the lawyer may request changes to the agreement and begin a process of negotiating the terms in the agreement. Even if your ex doesn't hire a lawyer, they may still request changes to the agreement and seek to negotiate revisions to it. However, if you and your ex have put in the hard work up front to discuss what you both want out of the agreement and your mutual understanding of what the agreement will say, then any requested changes to the agreement will likely be limited and nominal.