Independent Legal Advice
Our team is committed to providing you with Independent Legal Advice on all of your Agreements. We ensure that you understand and have all of the knowledge you need prior to executing an agreement.
Some common questions we hear when speaking with clients about Independent Legal Advice are:
- What is Independent Legal Advice?
- Do I need Independent Legal Advice?
- Can I sign an Agreement without a Lawyer?
- When do you need Independent Legal Advice?
In family law, Independent Legal Advice on Agreements is legal requirement in Alberta for Agreements that deal with property division. The Courts take Independent Legal Advice very seriously.
If you do not get legal advice prior to signing any agreement, your agreement in whole or in part may be considered unenforceable and you risk the possibility of the Courts not enforcing the agreement.
The Court of Appeal has ruled that if Independent Legal Advice has not been properly given, it may not be satisfy the law.
Family law independent legal advice is not simply notarizing a document. Our job as lawyers is to sit down with you, go through your agreement, and explain to you what you are agreeing to. There are many different documents that we will go through with you are:
- Cohabitation Agreements
- Pre-nuptial Agreements
- Separation Agreements
- Post-Nuptial Agreements
- Minutes of Settlement
While providing the advice it is our job to inform you of what the law in Alberta states and ensure that you are not being forced into an agreement. We are here to explain what rights you may be giving up and what obligations you may be agreeing to.
When giving Independent Legal Advice, we cannot act for both parties as this is a conflict. Your ex will have to book an appointment with a lawyer at a different firm to get his or her Independent Legal Advice.
Although there is a cost associated with us providing Independent Legal Advice, should you decide not to incur the costs now you could be facing higher costs in the future if either of you dispute the agreement. While defending the validity of the agreement you could face a trial which can be quite costly.