Getting Legal Counsel for Your Domestic Agreements
All parties involved in any kind of legal action should take independent legal advice, or ILA, into consideration. This type of legal counsel is acquired by a lawyer who is not connected to any of the other parties to the contract or legal agreement.
It helps to clarify the matter and avoid common blunders that could restrict your ability to have complete knowledge of what is in your best interest. This is why getting independent legal advice is so important when entering into any kind of legal contract, including a divorce, separation, marriage, or cohabitation agreement.
Indepdent Legal Advice
When parties enter into a separation agreement, marriage contract, prenuptial agreement, or cohabitation arrangement, they typically need to provide a Certificate of Independent Legal Advice. It is possible for a licensed family lawyer in Ontario to offer this Certificate of Legal Advice. In the case of divorce, marriage, separation, or other family law situations, consulting a family lawyer offers particular information.
It is necessary for the family lawyer chosen to offer independent legal advice to be impartial and free from any conflicts of interest. This implies that in a family matter, an independent lawyer for each side must furnish the ILA, even if the divorcing or separating pair decides to use a single attorney.
During the ILA, the lawyer will inquire about the parties involved in the case. In the event that she or he has a conflict, they will not offer the ILA; however, they might be able to suggest another attorney who can.
Reasons
ILA is needed to prove that the parties to the lawsuit are aware of the consequences of signing the contract or agreement. This stops the opposite party from misleading people about the contents of the agreement or the potential consequences of signing it.
It is also necessary to make sure the party has read the document completely and is familiar with all of the legalese. Most people find this to be challenging, so taking the time to consult with an impartial family lawyer and thoroughly comprehend all of the terms, clauses, and specifics of the contract helps to avoid confusion and keeps people from being pressured, pushed, or tricked into signing something they don't fully understand.
It is possible that individuals could sign an agreement without ILA and then later claim that they were misinformed about its terms. They could also say they were misled about the marriage contract or separation agreement or coerced into signing it. For the most part, these problems can be resolved when all parties to an agreement are obliged to obtain an ILA, guaranteeing that the agreement will be enforceable and dependable for the duration provided.
If you need independent legal advice regarding the family law matters, please reach us out at Sunwood Law.