Child Support
An important issue that arises during divorce is child support.
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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.
Frequently Asked Questions
An independent legal advice (ILA) lawyer reviews a legal document, most often a separation agreement, prenup, or cohabitation agreement, before you sign it. They walk you through your rights, help you identify any terms that may be unfair, and confirm that you are signing voluntarily with a clear understanding of what the document means.
You need independent legal advice in Ontario whenever you're signing a separation agreement, marriage contract, cohabitation agreement, release, or any other binding family law document. Many lenders also require independent legal advice in Ontario when refinancing a mortgage to buy out a spouse following separation.
ILA is one of the most important steps you can take to protect the integrity of a separation agreement. Without it, a court may set the agreement aside if one party claims they didn't understand the terms or felt pressured. Having ILA on record significantly reduces the risk of a future challenge and strengthens the document's durability over time.
ILA fees vary depending on the complexity of the document being reviewed. At Galbraith Family Law, we discuss the fee transparently before your appointment, so there are no surprises. Contact us to learn more about what's involved.
My separation and subsequent divorce was not a long, drawn-out process.
In fact, it was incredibly quick with the results that I wanted. Brian made me feel at ease, had me understand the steps it took to agree to terms of a separation, and he was by my side through it all. The benefit of a quick divorce was that costs are minimized and the hurt caused by both sides is mitigated.
Chris Hauschild
Questions?
Contact us
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.
