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Independent Legal Advice
Are you currently separating from your partner, or entering into a new relationship or marriage?
Before you sign any agreement, it’s in your best interest to receive independent legal advice (or ILA). ILA is the advice your lawyer gives you about your rights and obligations and the implications of signing an agreement. We always ask the other party to obtain an ILA. This ensures that they fully understand the terms of the agreement before they sign it. It also makes it more likely that the court will enforce the agreement should there be a breach of it in the future. If you have a prepared agreement, you may need to take it to a lawyer for ILA.
What is Independent Legal Advice (ILA)?
Independent Legal Advice (ILA) is the review of the contract and legal guidance provided by a lawyer who is not involved in the transaction or agreement in question. This ensures that the individual fully understands the legal implications, risks, and consequences of signing a document—such as a cohabitation agreement, prenuptial agreement, separation agreement, or adoption consent. The lawyer offering ILA acts solely in the best interest of the client, confirming that the advice is unbiased and that the client is signing voluntarily and with informed consent.
Why is ILA Needed?
ILA is often required in family law, financial transactions, and property matters to protect individuals from entering into agreements without fully understanding their rights and obligations. It helps prevent future disputes by ensuring that the agreement is enforceable and that the client cannot later claim they were unaware of what they were signing. Courts and lenders may require proof of ILA—typically in the form of a signed certificate—to validate the agreement.
How to Obtain ILA
To begin the ILA process, the client must have a draft copy of the contract and then book a 30-minute consultation with one of our lawyers. We offer the ILA service at a fixed fee and your lawyer will discuss in the consultation all the options. If the matter is more complex or the flat fee does not cover all necessary work, the lawyer will advise the client that an hourly retainer may be required instead.
Powerful legal support with compassion through a four-year journey
Top-notch professionalism with just the right amount of compassion. A powerhouse legal firm that immediately made me feel like my divorce litigation was in the best hands. Galbraith was a huge part of my life for four years. Everyone from Caroline on the front desk, to my incredible lawyer, supported me through the toughest time in my life. I felt I was treated with respect and understanding. Alison took the time to make sure I understood my options every step of the way. When opposing counsel stooped to underhanded tactics, my lawyer responded with dignity, patience and straight law. I will always be grateful for this amazing Firm.
Lesley Trentadue
Questions?
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At Galbraith Family Law, we have years of experience helping individuals and families navigate complex legal matters with clarity and support. Whether you're facing divorce, separation, or other family issues, our experienced team is here to guide you.
We proudly serve clients in Barrie, Newmarket, Oakville, and St. Catharines, Ontario.
