Who Pays The Divorce Fees in BC?

Who pays the divorce fees depends on the type of divorce you have had and who has been involved.

Uncontested Divorce
For example, at Pathway Legal our Flat Fee Divorce package allows for a couple who have an uncontested divorce or an agreed divorce to have an agreed set fee before we begin to work with you and bring your matter to a conclusion. In these cases there is no judge involved and there are no surprises. As you can see in our itemised price list, everything is included.

In that case, you as a couple may agree to split the costs or if one party was on a significantly lesser income, one party may pay the lions share. This is somehting you will resolve through mediation.

Contested or hostile partner:
Obviously, there are situations where the divorce is high stakes. There could be all sorts of issues such as children, finances, property and the like and the case cannot be resolved through mediation. This means a court could be involved and the judge will likely deliver an order as to who pays what.

Essentially, the Supreme Court of British Columbia might order that the party who was unsuccessful in the legal dispute may be required to pay the successful party's costs. This is to encourage parties to resolve their matters, especially by using alternative dispute resolution methods, outside of court and to deter frivolous court actions.

At Pathway Legal, our family law lawyers have seen circumstances when it is the party that brought a claim or initiated a legal proceeding who pays the divorce fees

For example, it could have been avoided if they started a high-conflict custody battle. In other cases, a party ignored a reasonable separation and property settlement agreement offer and engaged in legal proceedings instead. Sometimes when someone fails to comply with the terms of an order or separation agreement, they will be the one who pays the divorce fees.