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 in obtaining an easy and affordable divorce themselves without legal fees.

Our Services are subject to these terms and conditions, incorporating 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, after logging in for the first time, or when making a purchase, you agree to be bound by this Agreement. Please do not use this site if you do not agree to these terms of service. DivorceOptions.ca may revise this Agreement at any time by updating this posting.

Terms of Service

General

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

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

I understand that DivorceOptions.ca will not represent 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 legal advice.

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 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 travelled 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 following the requirements of the Divorce Act (Canada) and the Supreme Court of British Columbia Family Law Rules.

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

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

I understand that I am responsible for filing my documents in court with the purchase of the Essentials Plan.

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 expenses that may be necessary 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 described below “Customer Support”),
Unlimited Free Updates (as described 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 both mandatory court filings (“Court Filing Service”) and benefits as set out below and that no other warranties or guarantees have been made.

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 the completeness and 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, 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 consideration of my compliance with the Child Support Guidelines.

I understand that data validation and comparison software have limitations. I agree to read the paper(s) before signing them and agree to be solely responsible for the final document (s). I will hold DivorceOptions.ca and its agents harmless. Suppose there is liability found on the part of DivorceOptions.ca. In that case, 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 detailed personalized instructions will primarily provide customer support for each Plan.

I understand that I am doing my 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 I do not understand, additional customer support will be provided by DivorceOptions.ca by email to preserve the questions and answers.

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

I understand that customer support is subject to fair and reasonable use. Customer support may be prioritized based on customer product levels, 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 receiving such support inquiry and will use reasonable efforts to resolve the issue reasonably possible.

Free Updates

I understand that the Services provided by DivorceOptions.ca include unlimited free updates of my Documents during the Subscription Term (as defined below “Subscription”).

I understand that further updates on 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 represented at the purchase time.
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 are defined as a maximum of 180 updates per Subscription period.

100% Accurate Documents Guarantee

I understand that the 100% Accurate Documents Guarantee (“Documents 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 (“the 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.

I understand that DivorceOptions.ca will rely on the British Columbia Supreme Court Family Rules in effect when my order was placed to determine fault.

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

At the request of DivorceOptions.ca, I agree to provide copies of court filings and 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 Document Guarantee.

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

DivorceOptions.ca cannot guarantee that the judge will grant my divorce.
DivorceOptions.ca cannot ensure that the judge will not make an error in deciding my case.
DivorceOptions.ca cannot guarantee that my divorce will be uncontested.
Any problem associated with my answers, situation, or circumstances is expressly excluded.
Any issue associated with any claim other than divorce is explicitly excluded.

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 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 and Platinum plans have 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 the Documents will not expire once saved to my local device or printed.

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 subscription term, I will have to renew my Subscription.

I understand that I can renew my Subscription from the Membership area of my Account for the Subscription I want to continue.

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. However, I agree that DivorceOptions.ca has made no guarantees regarding the cost of the product or the 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 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 terms or conditions.

Court Filing Service

I understand that Court Filing Service is a standard feature of the Basic Premium and Platinum Plan and includes one attempt to file each of the two mandatory court filings.

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 acceptable for court filing, as described in the instructions provided to me.
The documents must be received by DivorceOptions.ca at least ten business days before my subscription expiration.

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.

Basic Review

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

According to the Divorce Act (Canada), the residency requirement has been met.
Each document is signed and dated where circumstances require.
A document asserting a marriage certificate has been provided where circumstances require it.
A document asserting to be an affidavit of service, an affidavit of the translator, or an affidavit of marriage has been provided where circumstances require.
Attestation of each affidavit has been completed.
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 before filing.

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 answers for comparative purposes to each other to identify any issues that are not compliant with the Rules of Court (British Columbia).

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

I understand that a lawyer will not perform the Professional Review and that legal advice will not be provided.

I understand that the Professional Review will be provided in a written report that outlines any deficiencies I need to correct.

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

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

Children Support Guidelines

I understand that the court must be satisfied that reasonable arrangements have been made to support any children of the marriage, having regard to the Child Support Guidelines ( the “Guidelines”) before a divorce will be granted.

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

I agree that my sole responsibility is to ensure that my child support arrangements have been made concerning the Guidelines.

Child Support Review

I understand that the Child Support Review is an add-on and that it is an automated analysis of my child support answers concerning the Guidelines. I know that no person will review my answers and that it is up to me to make any changes as I see fit.

I understand that the Child Support Review calculates child support based on my answers to residence, custody, and income. Therefore, a comparative analysis of my child support arrangement will include an interpretation of “reasonable arrangements” referenced in the Guidelines.

30-day Money-Back Guarantee

I agree that before buying a non-tangible product from this website, I have read the description carefully, specifications and all other information published on the product page, and 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:

DivorceOptions.ca is under no obligation to provide a refund once my documents have been delivered to them for filing in court.
All itemization of fees is displayed for convenience only. DivorceOptions.ca is under no obligation to prorate any refund for services that are only partially complete.
I agree that fees 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.
Under no circumstances are court fees refundable once my documents have been filed in 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 portable document format (as defined below as “Secure”). However, I am responsible for ensuring that I have the appropriate software, such as the free Adobe Reader and a printer to view and print my Documents.

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

File Abandonment, Closure & Destruction

Our service terminates with the expiration of your plan. Divorces not completed within the allotted time shall be considered abandoned and permanently closed. Failure to communicate with our office for a period of six months after the plan expires shall be considered a permanent abandonment and closure of your file. Any documents in our possession may be archived and ultimately destroyed. A search fee will be required to attempt recovery of documents from storage. This fee is not refundable should we be unable to locate your document(s).

Property Division

I understand there are limitation periods for claiming property division, which the divorce affects. For example, if property division is unresolved at the time of my divorce, it may be legally impossible to pursue these rights later.

Spousal Support

I understand there are limitation periods for claiming spousal support, which divorce affects. For example, if spousal support is unresolved at the time of my divorce, it may be legally impossible to pursue these rights later.

Changes

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

Change Log

May 22, 2017: Added inclusions and exclusions paragraphs for the Premium Plan. I updated the “Court Filing Service” section. I added the “Changes” paragraph.
March 30, 2018: Added “Core Forms” section. I added the “Licence” section. Finally, I added the “Downloading” section.
November 11, 2018: Added “Professional Review” section. I added the “Platinum Plan” section. Updated “Court Filing Service” section to clarify what will and will not be reviewed before filing. Replaced “Divorce Options” with “DivorceOptions.ca.” Replaced “Licence” with “Subscription.” Updated “General” section to further clarify that purchasing a divorce plan does not constitute or include legal representation or advice. Updated “Services” section to further refine the divorce certificate feature.
August 1, 2020: Added “Basic Review” section and, for clarity, moved content related to the Basic Review from “Court Filing Service” to it.
August 1, 2020: Added “Child Support Review” section.
August 1, 2020: The “Child of the Marriage” section was renamed “Child Support Guidelines.”
January 6, 2022: General changes for grammar and conciseness.
January 21, 2022: Simplified the Refund Policy and the Document Guarantee.
June 16, 2022: General changes for grammar and conciseness.