Copyright 2003-2017 – Adam Slater, Barrister & Solicitor. All rights reserved.
“ezDivorce.ca“, “easydivorce.ca”, “uncontested.ca” and the ‘ez button’ logo are trademarks owned by Adam Slater, Barrister & Solicitor.
Ontario business number 131149395. HST number 87504 0503 RT0001.
For the purposes of the following, ‘ezDivorce‘ includes Adam Slater, and any other employee or agent of Adam Slater and/or ezDivorce.ca.
Any reproduction, in whole or in part, of the ezDivorce web site by any means is expressly prohibited without the written permission of Adam Slater.
The following terms and conditions are subject to change at any time and without notice.
TERMS & NOTICES
ezDivorce.ca is a owned and run by Adam Slater, Barrister & Solicitor (Ontario, Canada).
ezDivorce offers limited legal services only. For legal services outside the specific service offerings of ezDivorce, it is recommended that you contact another lawyer licensed with the Law Society of Upper Canada.
The only services provided by ezDivorce are the proper completion and filing of the forms required to obtain a ‘simple’ divorce in Ontario, Canada, and the completion of basic separation agreements*. (Note: the use of the term ‘simple divorce’ in this disclaimer includes joint divorces in which the only request is for a divorce.) *Note: the separation agreement comes with its own, additional and significant disclaimer. Once you have reviewed the terms set out below, please go to www.ezdivorce.ca/disclaimer to read the additional terms and disclaimers related to the separation agreements if you are considering purchasing one.
A ‘simple‘ divorce means that you are asking the court to grant you a divorce only and nothing else; you are not asking for the court to grant orders with respect to anything else, including, but not limited to: spousal support, division of property, equalization of net family property, issues regarding the matrimonial home, or orders with respect to child custody, access and support. You may be giving up significant and/or valuable rights by filing a ‘simple’ divorce.
Your purchase of ezDivorce’s ‘simple’ divorce services will not include any advice with respect to your or another person’s specific legal interests, rights or responsibilities. You will not be ‘represented’ in court by Adam Slater or anyone else affiliated with ezDivorce: the court papers will indicate that you are representing yourself. If your spouse contests the divorce or makes his or her own claim, you will either act for (represent) yourself or retain the services of a lawyer other than Adam Slater. If you purchase ezDivorce’s services, you should not be under the impression that Adam is or will be ‘your lawyer’, ‘acting for you’, your ‘legal representative’, etc.
Obtaining legal advice from a lawyer before filing for divorce can help you understand the effects a divorce can have on your rights and obligations and it is highly recommended that you do so before purchasing ezDivorce’s services as you will not receive such advice from Adam Slater or anyone else affiliated with ezDivorce. (The Ministry of the Attorney General of Ontario has prepared a publication entitled “What You Should Know about Family Law in Ontario”. It is available in nine different languages at: www.attorneygeneral.jus.gov.on.ca/english/family/famlawbro.asp. If you do not consult with another lawyer before using or even considering using ezDivorce to prepare and process your ‘simple’ divorce, you should at least review this material.) (The Law Society of Upper Canada has a lawyer referral service: see http://www.lsuc.on.ca/faq.aspx?id=2147486372.)
The provision of the forms and their filing with the proper court do not constitute a statement, warranty, guarantee or otherwise that the court will accept your application for divorce, except as set out below.
Users and purchasers assume all risks associated with any transfer of information to ezDivorce, and with any other use of this site. While all reasonable efforts have been taken to ensure the security of the information while in transit to ezDivorce, it does not warrant such security, and is not liable for any damages which may arise as the result of interception, loss, theft or other action or difficulty.
ezDivorce will not be responsible in any manner for direct, indirect, special or consequential damages caused in any way as the result of the use of this service. Please note that the information on this web site may change at any time without previous notice.
Links to other web sites or references to products, services, or publications other than those of ezDivorce or affiliated sites do not imply the endorsement or approval of these web site products, services or publication by ezDivorce.
ezDivorce will be not be responsible if your divorce is not granted for any of the following reasons: (1) your spouse cannot be served with a copy of the filed Application (see below); (2) your spouse contests the divorce or makes his/her own claim; (3) child support is not being paid in accordance with the Federal Child Support Guidelines; (4) you or your spouse make any court filing without using ezDivorce (or pursuant to our specific instructions) in respect of such filing or motion; (5) where for any reason not within ezDivorce‘s exclusive control, your Application for divorce is dismissed* or otherwise not granted by the court; or (6) there is no legal basis in either the Divorce Act or Family Law Rules for the court to not grant the divorce based on the terms of your application (e.g. where a local court makes its own rule or rules that are not part of the Divorce Act or Family Law Rules).
*According to the Family Law Rules, the divorce must be settled, withdrawn or scheduled or adjourned for trial within 425 days from when the Application for Divorce was first filed with the court – otherwise, the court will dismiss the Application. If ezDivorce cannot make your second filing within the prescribed time for any other reason not within ezDivorce’s exclusive control, ezDivorce will not be responsible if your divorce is dismissed. A ‘rush filing fee’ of $100 to $150 will apply if your final materials are not received by ezDivorce at least 30 days prior the 425th day.
See www.ezdivorce.ca/fees for a full description of our fees. You may cancel your purchase if your request to do so is received before the divorce forms are e-mailed to you (or provided to you if you choose to pay in person). You are not charged any fees until the forms are completed. The entire purchase fee is allocated to the drafting of the required court forms pursuant to the intake form that you submit. The court filing and serving of your spouse by regular mail are provided at no additional fee.
All fees, except the fees that the court charges, are subject to the 13% Harmonized Sales Tax.
The court charges its own fees which are separate from the ezDivorce fees. You are responsible for the court’s mandatory fees, which total $447 unless such fees are otherwise waived by the court. The $19 fee that the court charges for each optional divorce certificate is not included in the $447. (You will automatically get a final divorce order which is the paper granting the divorce. The divorce certificate is ‘optional’: you need this when you re-marry. The court will only issue you a divorce certificate if and when you request (either in person or using a simple mail-in form) and pay ($19) for one.
Price Match Offer
We can meet any lower advertised and bona fide price from an Ontario lawyer for the exact same service we offer: preparation and filing of an Ontario simple (uncontested) divorce by an Ontario lawyer. Contact us if you find something and we will determine if it is legitimate. This offer does not apply to services offered by non-lawyers or out-of-Ontario companies (which in both cases are operating illegally under Ontario law regarding the provision of legal services in Ontario). This offer may be withdrawn at any time at our discretion.
If child support is not being paid in accordance with the Federal Child Support Guidelines, the court may not grant your divorce until it is. See www.ezdivorce.ca/support. ezDivorce will in most cases not assist with your divorce if you are not paying in accordance with the Guidelines. If you are (or are supposed to be) the child support recipient and are not receiving child support in accordance with the Guidelines, a judge reviewing your ‘simple’ divorce may force you to pursue the proper Guidelines amount whether you want to or not. If this happens to you, you will either have to get your spouse to start paying the correct amount, or your will have to proceed with a separate application for child support. Note that ezDivorce will not assist you with this separate application. You will be guided you to information, guides and forms that are available on the internet from the Ministry of the Attorney General.
Serving your spouse
Unless you are filing a joint divorce (where both you and your spouse sign all of the necessary paperwork), after your Application for Divorce is issued by the court, your spouse must be ‘served with’ (given) a copy thereof. The ezDivorce fee includes service of the Application on your spouse by regular mail at no additional charge. Service by mail is only accepted by the court if your spouse signs and mails back an ‘Acknowledgment of Service’ form that is included with the mailing. If your spouse does not do this, he or she must be served in person. You will either have to arrange for a friend, family member or a pay a professional process server to do it at your expense.
Hague Convention Service: Does your spouse live outside of Canada? If so, you must read the information posted here. Substantial additional fees may apply for a divorce where Hague International Convention Service is required.
ezDivorce only assists with simple, uncontested divorces. After your spouse is served with a copy of the issued Application for Divorce, he or she will have 30 days (60 days if served outside of Canada or the USA) to contest the divorce or make his or her own claim (by serving you with and filing specific court forms). If this happens ezDivorce services will come to an immediate end. No part of the purchase price will be refunded.
Commissioning of Affidavits
Your purchase includes commissioning of the required affidavit for divorce at our office in Toronto (at Yonge & St. Clair) at no additional charge. If you cannot or choose not to come to the office in Toronto for this, you can/must arrange for and cover the cost of having your affidavit commissioned locally on your own (this can often be done for free or at a very low cost at certain local government offices – we will tell you how).
If you cannot find your spouse, ezDivorce can assist you with the preparation and filing of a ‘motion to dispense with service’ or ‘motion for substituted service’. Click here for more details. If the court rejects the initial motion material, but gives instructions on what other steps are required, there will be additional fees of $50 to $200 to prepare and file the additional material. ezDivorce cannot guarantee that the motion will be granted – however, to date, all such motions that we have filed have been eventually granted.
On average, it takes 2 to 3 months from when your Application for Divorce is issued by the court until it is granted. There is however no guarantee about timing. Some courts move much slower (either all of the time or occasionally) than others. If you are planning to remarry, you are strongly cautioned not to make any plans until you have your divorce certificate in your hands. See www.ezdivorce.ca/process.
Affidavit of Service/Supplemental Court Filings
Your purchase includes, at no additional charge, two court filings only: filing of the Application for Divorce and then the ‘set-down’ material that finalizes the divorce, usually 6 to 8 weeks after the Application is filed. These are the only necessary filings 99% of the time. In a ‘sole/uncontested’ divorce, your spouse will have 30 days (60 if served outside of Canada or the USA) after being served with a copy of the divorce application to contest the divorce or make his or her own claim. The court will not know when the 30/60 day clock starts to run until an Affidavit of Service is filed with the court, indicating when your spouse was served. ezDivorce normally files the Affidavit of Service with the ‘set-down’ material. Unless you request otherwise, and pay an additional fee ranging from $50 to $75, depending on which court location your divorce was filed, ezDivorce will not file the Affidavit of Service before the ‘set-down’ material is filed. Therefore, if you are starting your divorce after only being separated for a few months, and your spouse is served with a copy of the divorce application soon after it is issued by the court, unless the Affidavit of Service has been filed, your spouse will not be stopped from trying to contest the divorce well after his or her time to do so may have expired. If this happens, you may have the Answer dismissed by the court, however it may be a difficult and costly process. If you are certain that your spouse will not contest the divorce, this should not be an issue. However, it is up to you whether or not to pay the additional fee to have the Affidavit of Service filed a.s.a.p. after service has been accomplished. Again, 99% of ezDivorce customers do not opt for this additional filing – it is just being set out here so you are aware of the possibility and your options.
Change of Address for Service
Family Law Rule 6(6) states: “A party whose address for service changes shall immediately serve notice of the change on the other parties and file it.” So, if you move while the divorce is still in process, you must “immediately serve notice of the change” of address on your spouse and file it with the court. You can either do this yourself (including filing the notice with the court) or pay ezDivorce to do this for you (fee ranges from $50 to $75 depending on the court location).
Additional fees that you may incur
Hague Service: Does your spouse live outside of Canada? If so, you must read the information posted here. Our fee does not include arranging Hague Service for you.
If an additional trip to a court (other than Toronto) is required due to no fault of ezDivorce, you will have to reimburse us for the additional fee that we pay our local court filing agent to do our filings. This could happen if the court has lost your file and tells our agent to come back the next day (very rare). This could also happen if a court clerk rejects a filing due to her or his misunderstanding of the law or rules regarding procedure. While a clerk’s unlawful refusal to accept documents is not your fault, ezDivorce will not absorb the cost of having to go back to the court an additional time to file what should have been accepted by the clerk the first time. This cost can range from $15 to $80.
A very rare but not unheard of occurrence is when a judge rejects something without paying close attention to what he or she is reading. If a supplemental affidavit that merely restates what was already stated has to be prepared and submitted, you will have to pay for that supplemental filing. This has only happened in a few divorces out of the thousands ezDivorce has filed.
If something is rejected based on a mistake that ezDivorce made, we will cover the expense to fix it.
Our fee for a basic separation agreement is $200 with the purchase of our regular divorce package. If you are purchasing the separation agreement only, the fee is $300 – however that includes a $100 credit towards the future* purchase of our regular, non-discounted divorce service. (*The credit expires if not used one year after purchase of the agreement.) The separation agreement is subject to the further terms at www.ezdivorce.ca/disclaimer.
Civil Marriage of Non-Residents Act
For non-resident same-sex couples, we do not give a legal opinion or advice that your home country is “a state where a divorce cannot be granted because that state does not recognize the validity of the marriage” – it is your responsibility to determine this with a lawyer from your home jurisdiction before engaging ezDivorce to process your divorce under the Civil Marriage of Non-residents Act. We are not responsible if a divorce obtained under the Civil Marriage Act turns out to be invalid because you could have gotten a divorce locally.
Virtually all communication between ezDivorce and you will be through e-mail. It is your responsibility to inform us of any changes to your email address and any changes to your phone and mailing address.
Our offer herein of free court filings and commissioning of the required affidavits terminates twelve months after you open your file with ezDivorce . Divorces not completed within twelve months after you open your file with us shall be considered abandoned and permanently closed. Failure to communicate with our office for a period of six months shall be considered as permanent abandonment (and closure) of your file.
Revised on 22 March 2016