Terms of Service

Maria Cook Law Office (“DivorceOptions.ca”, “we”, “our” and “us”) provides its users (“you”, “your” and "I") with a variety of products, services, applications, tools and other resources including our website(s) (the “Services”) to assist separated couples obtain an easy and affordable divorce themselves without legal advice or legal representation.

The Services are provided subject to these terms and conditions, which also incorporate our Privacy Policy, and any other guidelines, rules or operating policies that DivorceOptions.ca may establish and post on the website from time to time (collectively the “Agreement”).

Please read this Agreement carefully before proceeding with any use of the Services. By checking the “I agree to the Terms of Service” box on the registration page, or after logging in for the first time, or when making a purchase, you accept and agree to be bound by this Agreement. If you do not agree to these terms of service, please do not use this site. DivorceOptions.ca may revise this Agreement at any time by updating this posting.

General

I understand that DivorceOptions.ca is owned and operated by a lawyer but purchase of a divorce plan does not constitute or include legal representation or legal advice.

I agree that DivorceOptions.ca has not provided legal advice, or opinions or recommendations about my legal rights or responsibilities.

I understand that DivorceOptions.ca will not be representing me in court and that the Documents will indicate that I am representing myself.

I understand that the information provided by DivorceOptions.ca is intended to provide general information regarding the divorce process in British Columbia, Canada. It is not a statement of the law or legal advice.

I understand that DivorceOptions.ca does not accept responsibility for any loss or inconvenience suffered by users as a result of any inadvertent inaccuracies in the information it provides.

I understand that I should seek legal advice if there is something in the information or the services provided by DivorceOptions.ca that I do not understand.

I understand that DivorceOptions.ca exists solely within the province of British Columbia, Canada.

I agree that regardless of where I reside or where my browser is physically located, my viewing and use of DivorceOptions.ca occurs solely within the city of Vancouver, British Columbia, Canada ("Vancouver") and that all content and services shall be deemed to be served from and performed wholly within Vancouver as if I had physically traveled there to obtain the service.

I agree that British Columbia law shall govern any disputes arising from my use of this website, and that the courts of Vancouver shall have exclusive jurisdiction over such disputes.

Services

I agree that DivorceOptions.ca has made no warranties or guarantees or expressed an opinion about the outcome of my divorce application.

I understand that the divorce documents and instructions ("Documents") provided by DivorceOptions.ca will be prepared in accordance with the requirements of the Divorce Act (Canada) and the Supreme Court of British Columbia.

I understand that my Documents will be created by DivorceOptions.ca software solely in accordance with my answers to the online questionnaire(s).

I understand that, unless otherwise agreed, the Documents provided by DivorceOptions.ca will only make a claim of divorce and no other claims will be made for access, custody, child support, guardianship, spousal support or division of property.

I understand that with the purchase of the Essentials Plan I am responsible for:

  • Filing my documents in court.

I understand that with the purchase of Essentials, Basic, Premium or Platinum Plan (a "Plan") I am responsible for:

  • Paying the filing fees charged by the court,
  • Paying the notary fees for commissioning of affidavits,
  • Service of the documents on my spouse (if applicable),
  • Any other fees that may be necessary in order to finalize my divorce application.

I understand that with the purchase of a Plan DivorceOptions.ca includes the following standard features and benefits as set out below and that no other warranties or guarantees have been made:

  • Core Divorce Forms (as defined below "Core Divorce Forms"),
  • Automated Review (as defined below "Automated Review"),
  • Unlimited Customer Support (as defined below "Customer Support"),
  • Unlimited Free Updates (as defined below "Free Updates"),
  • Court Acceptance Guarantee (as defined below "Court Acceptance Guarantee"),
  • Software Licence (as defined below "Licence").
  • Subscription (as defined below "Subscription").

I understand that with the purchase of the Basic, Premium or Platinum Plan DivorceOptions.ca includes the following additional features and benefits as set out below and that no other warranties or guarantees have been made:

  • Both Mandatory Court Filings (as defined below "Court Filing Service"),

I understand that with the purchase of the Premium or Platinum Plan DivorceOptions.ca includes the following additional features and benefits as set out below and that no other warranties or guarantees have been made:

  • Provision of divorce certificate forms ("Divorce Certificate Forms"),
  • One court filing of Divorce Certificate Forms,
  • Mailing of Divorce Certificate(s) by Regional Xpresspost to one address as specified by me,

I understand that the court fee of $40.00 per divorce certificate issued by the court is not included and I am responsible for making this payment at the time of filing.

Core Divorce Forms

I understand that, where applicable to my situation, all divorce plans may include the following divorce forms, which are fully prepared and ready to sign:

  • Notice of Family Claim,
  • Registration of Divorce Proceedings,
  • Affidavit Divorce Claimant 1,
  • Affidavit Divorce Claimant 2,
  • Affidavit Child Support Claimant 1,
  • Affidavit Child Support Claimant 2,
  • Affidavit Respondent,
  • Divorce Order,
  • Registrars Certificate,
  • Requisition Divorce,
  • Requisition Search.

Automated Review

I understand that the DivorceOptions.ca review of my answers is limited to completeness as well as internal consistency of names, addresses and similar information.

I understand that the DivorceOptions.ca review of my answers for completeness and internal consistency is automated using data validation and comparison software and that no person will personally review my answers.

I understand that the DivorceOptions.ca review does not include legal advice or opinions or recommendations about my legal rights, legal obligations or the correctness of my answers for my situation.

I understand that the DivorceOptions.ca review does not include a review of my compliance with the Child Support Guidelines.

I understand that data validation and comparison software have limitations and I agree to read the paper(s) before signing them and agree to be solely responsible for the final paper(s). I will hold DivorceOptions.ca and its agents harmless. If there is liability found on the part of DivorceOptions.ca, it will be limited to the amount paid for services and does not include items such as court fees, notary fees, or any other cost associated with filing for divorce such as fees paid to third parties with a role in processing my order, and under no circumstances will there be damages.

Customer Support

I understand that customer support is unlimited during the Subscription term (as defined below "Subscription").

I understand that DivorceOptions.ca is under no obligation to provide customer support if my Subscription has expired.

I understand that the customer support provided by DivorceOptions.ca is limited to providing support for products and services purchased from DivorceOptions.ca

I understand that the customer support provided by DivorceOptions.ca is not a statement of the law or legal advice.

I understand that customer support will primarily be provided by provision of detailed personalized instructions.

I understand that I am doing my own divorce and that it is my responsibility to read the instructions provided by DivorceOptions.ca.

I understand that if there is something in the instructions that I do not understand, additional customer support will be provided by DivorceOptions.ca by email in order to preserve the questions and answers.

I agree that it is my responsibility to register with a valid email address and to ensure that I can receive email from DivorceOptions.ca.

I understand that customer support is subject to fair and reasonable use and support may be prioritized based on customer product levels, customer needs, and previous use of customer support.

I understand that DivorceOptions.ca will provide an initial response (but not necessarily a resolution) to each support inquiry within two (2) business days of receipt of such support inquiry and will use reasonable efforts to resolve the issue generating the inquiry as soon as is reasonably possible.

Free Updates

I understand that the Services provided by DivorceOptions.ca includes unlimited free updates of my Documents during the Subscription term (as defined below "Subscription").

I understand that further updates of my Documents can be obtained by renewing my Subscription from DivorceOptions.ca.

I understand that DivorceOptions.ca is under no obligation to update my Documents if my Subscription has expired.

I understand that I may make any change whatsoever to the online divorce questionnaire and generate an update of the Documents from my account subject to the following conditions:

  • The parties described in the Questionnaire must be the same parties that were described at the time of purchase.
  • I understand that, at the sole discretion of DivorceOptions.ca, any update that is determined to be illegitimate will terminate the associated Subscription.

I understand that unlimited updates are subject to fair and reasonable use and is defined as a maximum of 180 updates per Subscription period.

Court Acceptance Guarantee

I understand that the Court Acceptance Guarantee ("Guarantee") provided by DivorceOptions.ca is limited to instances where the Documents provided by DivorceOptions.ca are not accepted by the Supreme Court of British Columbia ("Court") for filing due to the fault of DivorceOptions.ca.

I understand that DivorceOptions.ca will make any changes due to an error or omission on their part, as often as necessary, without charge, or at their discretion a refund will be issued for the initial purchase price.

I understand that DivorceOptions.ca will rely on the Court Rules Act SUPREME COURT FAMILY RULES in effect at the time my order was placed in order to determine fault.

I agree that this Guarantee is limited to the cost of the initial divorce package and does not include items such as court fees, notary fees, licensing fees or any other cost associated with filing for divorce such as fees paid to third parties with a role in processing my divorce.

I understand that, at the request of DivorceOptions.ca, I agree to provide copies of court filings and or written reasons of rejection as issued by the court in my case ("Verification").

I understand that refusal to cooperate and provide Verification will invalidate this Guarantee.

I agree that since DivorceOptions.ca is dedicating time and effort to my order, this Guarantee only covers issues caused by DivorceOptions.ca. For example, the following conditions are not covered by this Guarantee:

  • DivorceOptions.ca cannot guarantee that the information I provide is correct or acceptable to the court.
  • DivorceOptions.ca cannot guarantee that I have signed, sworn or assembled the papers correctly.
  • DivorceOptions.ca cannot guarantee that the judge will grant my divorce.
  • DivorceOptions.ca cannot guarantee that the judge will not make an error in deciding my case.
  • DivorceOptions.ca cannot guarantee that my divorce will not become contested.
  • Any problem associated with my answers, situation, or circumstances is specifically excluded from this Guarantee.
  • Any problem associated with any claim other than divorce is specifically excluded from this Guarantee.

Subscription

I understand that the Documents provided by DivorceOptions.ca have a Subscription term calculated from the date of purchase.

I understand that the Subscription is defined on each product as the time period for which updates are permitted.

I understand that a valid Subscription is required to view, print, save and update the Documents in my account.

I understand that the Essentials plan has a Subscription of 90 days, the Basic plan has a Subscription of 180 days and the Premium plan has a Subscription of 365 days.

I understand that, unless otherwise specified, all other documents or plans have a Subscription term of 90 days.

I understand that once saved to my local device or printed the Documents will not expire.

I understand that DivorceOptions.ca is under no obligation to provide product support, service or updates if my Subscription has expired.

I understand that if I wish to continue to access the Documents in my account and receive support or updates for more than the term of the Subscription, I will have to renew my Subscription.

I understand that I can renew my Subscription from my account by clicking the Renew button for the product Subscription I want to renew.

I understand that DivorceOptions.ca may from time to time offer Subscription renewals at a discount from the current product price based on the age of my Subscription and other market conditions. I agree that DivorceOptions.ca has made no guarantees regarding the price of the product or amount of the discount, if any, applied to renewals.

Licence

DivorceOptions.ca grants you a limited, personal, non-exclusive, non-transferable licence to view, print and save our Documents for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, unlock, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Documents in any manner whatsoever, except for modifications in filling out the Documents for your authorized use. You shall not remove any copyright notice from any Document. This licence terminates automatically without notice if you breach any of these licence terms or conditions.

Court Filing Service

I understand that Court Filing Service is a standard feature of the Basic and Premium Plan.

I understand that the Court Filing Service includes one attempt to file each of the two mandatory court filings.

I understand that DivorceOptions.ca will review my signed/sworn documents prior to filing for the following issues described below:

  • The residency requirements have been met pursuant to the Divorce Act (Canada).
  • Each document is signed and dated where circumstances require.
  • Proof of marriage has been provided where circumstances require.
  • A document asserting to be an affidavit of service and/or affidavit of translator and/or affidavit of marriage has been provided where circumstances require.
  • Attestation of each affidavit or exhibit as the case may be has been completed correctly.
  • A document asserting to be an exhibit to an affidavit has been provided where circumstances require.

I understand that DivorceOptions.ca will not review the answers on my signed/sworn documents prior to filing.

I understand that DivorceOptions.ca will make both mandatory court filings ("Mandatory Court Filings") subject to the conditions below:

  • The documents must be returned to DivorceOptions.ca in a manner that is acceptable for court filing as is described in the instructions provided to me.
  • The documents must be received by DivorceOptions.ca at least 10 business days prior to the expiration of my Subscription.

I agree that DivorceOptions.ca is under no obligation to file any document that I have not purchased from them.

I understand that if any secondary court filing is required due to any situation or event beyond the control of DivorceOptions.ca, I will be responsible for either making the court filing myself or paying DivorceOptions.ca an additional court attendance fee.

Professional Review

I understand that the Professional Review is a standard feature of the Platinum Plan and is optionally available as an add-on to Basic and Premium Plans.

I understand that the Professional Review will review my signed documents and/or answers for comparative purposes to each other and to any supporting documents for the purpose of identifying any issues that are not compliant with the Rules of Court (British Columbia).

I understand that the Professional Review will not review my answers with regard to being correct for my situation.

I understand that the Professional Review will not be performed by a lawyer and that no legal advice will be given.

I understand that the Professional Review will be provided in a written report that outlines any deficiencies which are up to me to correct or I may pay a convenience fee for DivorceOptions.ca to make the correction(s) for me.

I understand that the Professional Review includes the features of the Court Filing Service plus the additional features described below (where applicable):

  • Particulars of proof of marriage are consistent with those on the Notice of Family Claim.
  • Applicant's address is in the proper form.
  • Applicant's affidavit sworn after 1 year from date of separation.
  • Applicant's affidavit sworn within 30 days of the anticipated date of filing the application.
  • Applicant's affidavit sworn after the expiration of time to file a Response.
  • Particulars of applicant's affidavit and/or child support affidavit are consistent with those on the Notice of Family Claim.
  • Particulars of exhibit to child support affidavit are consistent with those on the child support affidavit.
  • Child support affidavit has no reference to documents not in evidence.
  • Affidavit of service is in the proper form.
  • Particulars of service are present as required.
  • Respondent properly identified and, if applicable, corroborated in applicant's affidavit.
  • Respondent served within 1 year of filing the notice of family claim.

Refunds

I agree that before buying a non-tangible downloadable product from this website, that I have read carefully the description, specifications and all other information published on the product page of the product and that I have carefully tested the free demo of the product.

I understand that upon my request DivorceOptions.ca will provide a full refund for any service subject to the conditions set out below:

  • All non-tangible items that are delivered by download are not refundable once the corresponding product questionnaire has been completed.
  • DivorceOptions.ca is under no obligation to provide a refund for services after they start processing my order.
  • DivorceOptions.ca is under no obligation to provide a refund for undeliverable orders unless DivorceOptions.ca is at fault.
  • All itemization of fees is displayed for convenience only. DivorceOptions.ca is under no obligation to pro-rate any refund for services that are only partially complete.
  • I agree that fees for services are not refundable after DivorceOptions.ca has contracted with or paid those fees to a third party, such as a process server, a translator, vital statistics, or the court.
  • All refund requests must be made within 30 days of purchase by contacting support using the contact form on this site.

Downloading

I understand that my Documents will be available in my account immediately upon payment confirmation and completion of the corresponding product questionnaire.

I understand that my Documents will be available in secure (as defined below "Secure") portable document format (PDF) and that it is my responsibility to ensure that I have the appropriate software such as the free Adobe Reader and a printer in order to view and print my Documents.

Secure portable document format means that the Documents have restricted permissions that deny editing and or modification. The only permission enabled is saving and or printing.

Children of the Marriage

I understand that the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage, having regard to the child support guidelines before a divorce will be granted.

I understand that, unless otherwise agreed, DivorceOptions.ca will not review or consider my child support arrangements in any manner whatsoever when processing or filing my Documents.

I agree that it is my sole responsibility to make sure that my child support arrangements have been made with regard to the child support guidelines.

Property Division

I understand that there are limitation periods for claiming property division, which are affected by the divorce.

I understand that if property division is unresolved at the time of my divorce, it may be legally impossible to pursue these rights at a later date.

Spousal Support

I understand that there are limitation periods for claiming spousal support, which are affected by the divorce.

I understand that if spousal support is unresolved at the time of my divorce, it may be legally impossible to pursue these rights at a later date.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting it to our Change Log.

Our Change Log can be viewed here: Change Log