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Divorce Costs in Nova Scotia

Divorce is a significant life event, both emotionally and financially. If you’re considering a divorce in Nova Scotia, understanding the potential costs involved can help you make informed decisions about your process. In this article, we’ll outline typical divorce expenses and explore how you may be able to save by settling amicably, using mediation, or opting for court-assisted options like settlement conferences. We’ll also cover the costs associated with going to trial when other options are unfeasible.

1. How much does a divorce cost in Nova Scotia if you can reach an amicable settlement? – The most affordable option

If you and your spouse are able to reach an amicable settlement, your divorce cost in Nova Scotia can be kept relatively low. With an uncontested divorce, you’re effectively on the same page about key issues—such as division of property, spousal support, child custody, and child support—making the process simpler and less expensive.

Here are some typical costs in an amicable divorce:

• Legal fees: Some people choose to consult a lawyer to ensure their paperwork is in order. At Teryl Scott Lawyers Inc. we offer a flat fee for preparing the paperwork for uncontested divorces. When a separation agreement is already in place, our flat fee is $1800 plus an admin fee, HST and disbursements (the fees we might pay on your behalf such as the two listed below).
• Filing fees: In Nova Scotia, the filing fee for a divorce application is about $200-$300, depending on the court.
• Other fees: You may need to pay for certified copies of certain documents, which may cost $10 to $50.

Overall, an uncontested divorce could cost around $2,200 to $3,500, depending on the legal fees of the firm representing you and other administrative expenses.

2. How much does a divorce cost in Nova Scotia if you use mediation? – Saving by avoiding court

For couples who need some help to settle differences but want to avoid the costs and stress of a trial, mediation is a great option. Mediators help divorcing spouses work through key issues by acting as a neutral party and can help them reach a fair and reasonable settlement.

In Nova Scotia these are some expected fees for mediation:

• Mediation fees: The total length and cost of the mediation process can vary depending on the complexity of the issues and the structure of the mediation. Many mediators will charge by the hour similar to a lawyer. However, at Teryl Scott we are able to offer a flat fee for the mediation based on your personal situation. We have developed a screening process that looks at the number of issues in disagreement and the level of communication between the parties. Once a consultation is complete, we can discuss which of these programs might work for you. The flat fee ranges from $2800 to $4900 per person plus admin fee, HST and disbursements for the various programs.
• Additional legal fees: Teryl Scott mediations do require each party to have independent legal advice from a lawyer who provides a certificate of independent legal advice. We can provide you a list of our family lawyers, we frequently to and include their hourly rates. This advice typically takes for more matters not involving businesses, etc., one to 1.5 hours And is a separate cost from the program fee. The certificate makes the agreement much more difficult overturn parties at a later date. For our high conflict program, it is also required that your independent legal advice lawyer attend one of the sessions with you to ensure swift resolution to the issues at hand. Some lawyers offer this review service at an hourly rate or a flat fee.

Total divorce costs with mediation at Teryl Scott may range from $3,500 to $6,000 per person, making it a viable, affordable option when compared to a full trial. (See below for our estimates on trial cost per day of court.)

3.  How much does a divorce cost in Nova Scotia if you use judicial settlement conferences? – Facilitated resolution within the court system

Judicial settlement conferences offer a middle ground by allowing couples to work out a settlement with the help of a judge. This option is particularly useful if mediation isn’t enough, but you still want to avoid the high costs of a trial.

Settlement conferences in Nova Scotia may cost the following:

• Court fees for the conference: There are no fees associated with applying for a judicial settlement conference.
• Legal fees: Because settlement conferences take place within the court system, having legal representation is often recommended. Lawyer fees for preparation and participation in a settlement conference can vary and many lawyers will require a retainer and charge by the hour. At Teryl Scott Lawyers we offer pay-as-you-go legal coaching for any initial preparation work you may need assistance with leading up to the judicial settlement conference. Once a Settlement Conference date is set and all disclosures and negotiations are completed, we then offer a flat fee for the preparation of the initial legal brief required for the Judicial Settlement Conference, review of the opposing party’s legal brief, and representation at one Settlement Conference (half day) for $3500 plus admin fee, HST and disbursements.

The total process of a settlement conference can vary greatly and it can be more expensive than a mediation but more likely less costly than going to trial.

4.  How much does a divorce cost in Nova Scotia if you end up going to trial? – The costliest option

When no other option works, a divorce trial becomes necessary. Going to trial is the most expensive option, as it involves substantial legal preparation, can require multiple court appearances, and can be highly time-consuming.

Typical costs for a divorce trial in Nova Scotia include:

• Legal fees: Lawyers often charge on a retainer basis for trial preparation and court appearances. A trial costs approximately $20,000 per day of trial, from beginning to end. So a two day trial would cost one party $40,000 and the other party $40,000. The length of a trial depends on its complexity, and the number of witnesses. There was a recent Nova Scotia decision that ordered at 80% legal fees for a two day trial to the winning party. Those legal fees needed to bring the matter to the successful conclusion after a two day trial were approximately $85,000. 

At Teryl Scott Lawyers we do not require retainers for trial preparation, but rather offer pay-as-you-go legal coaching to keep you in control of your legal fees. We are able to offer a flat rate of $5,000 per day for attendance at trial through our sister firm, Brookshire Law office.

• Court fees: Besides lawyer fees, there are also court costs for filing, potential expert witnesses, and other administrative expenses, which can add another $1,000 to $3,000.

In total, the costs of a trial can range from $10,000 to well over $30,000, depending on the issues at stake and how long the process takes.

Understanding and Minimizing Divorce Costs in Nova Scotia

Divorce cost in Nova Scotia varies widely depending on the level of conflict and complexity of issues in each case. For those who can settle amicably, an uncontested divorce is the least expensive option. Mediation provides an affordable alternative for those who need some assistance but want to avoid court, while settlement conferences are a middle-ground solution for those who need the structure of a court without the full trial costs. However, when trial becomes necessary, costs can escalate rapidly.

Regardless of the approach, working with professionals, such as lawyers and mediators, can help you make informed decisions that could reduce overall costs. Every divorce is unique, so it’s wise to assess your situation and choose an approach that best fits your needs and budget.

Why Choose Teryl Scott Lawyers to Help Reduce Your Divorce Costs in Nova Scotia?

At Teryl Scott Lawyers, we recognize that every situation is unique and we work with you to find the best path forward. We don’t push a one size fits all solution, but rather through our consultation present you with the options we feel will help you save time and money while reducing stress. Whether it’s drafting an uncontested divorce or preparing you for trial, we work diligently to protect your interest in fair and reasonable outcomes which we find leads to the best possible outcomes.

The above is provided for informational purposes only and does not constitute legal advice — contact a lawyer to discuss your personal circumstances and learn your options.

Any costs mentioned in the article are current as of November 2024 and may change at any time.

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