Independent Legal Advice Edmonton

What is Independent Legal Advice?

Independent legal advice refers to the process where each party involved in a family agreement meets with their own separate independent lawyers to receive legal advice before signing the agreement.

Independent legal advice helps both parties to fully understand the terms, implications, and consequences of an agreement before they sign it. In most cases, family agreements are binding and can have significant long term consequences making properly understanding what is being signed crucial.

Independent legal advice may be required for a variety of family agreements, including prenuptial agreements, post-nuptial agreements, cohabitation agreements, and separation agreements.

How Much Does Independent Legal Advice Cost?

The cost of independent legal advice varies significantly based on several key factors:

1. Complexity: The complexity of the agreement plays a significant role in determining legal fees for independent legal advice. In some cases, such as a separation agreement where there are no children involved, no spousal support, and the only property is a house, the agreement will typically be straightforward. By contrast, if the separation agreement involves more complex issues such as corporate restructuring, the complexity and time required to review and advise on same will greatly increase. In some cases involving particular complex financial issues, both parties may have to involve accountants in addition to their own separate lawyers.

2. Financial Disclosure: If providing independent advice involves reviewing financial disclosure, as will often be required to accurately advise as to whether an agreement is fair or accurately reflects what a party may be entitled to, the time required to provide independent legal advice increases and accordingly so do the legal fees.

3. Revisions: Many people seeking independent legal advice come to their lawyer with an agreement that has already been drafted by the other party’s lawyer. While they may believe the document is ready for signing, they often learn in the process of reviewing the document with their lawyer that revisions are required before they are able to safely sign the agreement. Additional costs may arise if your independent legal advice reveals that revisions are necessary before you can sign the agreement.

In some cases, family lawyers can offer flat-fee arrangements for providing independent legal advice, particularly for straightforward agreements. However, it will typically be required for the lawyer to discuss with you the agreement prior to giving a quote on a flat fee.

Importance of Independent Legal Advice

When someone signs a Family Agreement, such as a Prenuptial Agreement, Post-nuptial Agreement, Cohabitation Agreement, or Separation Agreement, they are binding themselves to the terms contained within the agreement. These terms can have long term consequences on their life and the life of their family.

Independent legal advice is not a formality or rubber-stamping exercise. Rather, it provides an opportunity for each party to have their agreement thoroughly reviewed by a lawyer who represents only their interests. During this process, the independent lawyer explains the agreement’s terms, discusses the legal implications and consequences, identifies potential risks or benefits, and ensures their client fully understands what they are agreeing to before signing.

As family lawyers, we often have people come to us with an unfair agreement (such as a Prenuptial Agreement) that they may have signed years ago and now wondering whether they can challenge it. Challenging any agreement where both parties have received independent legal advice is complex, highly fact dependent, and very expensive.

If there are any issues with an agreement, these are best addressed before signing it. Often there are severe consequences set out in agreements if either party were to challenge it unsuccessfully, such as solicitor and client costs.

Edmonton Independent Legal Advice Lawyers

The family lawyers at Helm Family Law LLP are available to provide you independent legal advice regarding your agreement, whether the agreement is a Prenuptial Agreement, Post nuptial Agreement, Cohabitation Agreement, or Separation Agreement.

Need Independent Legal Advice?

We Respond Within 24 Hours Monday to Friday.

Services

Divorce and Separation

Common Law Relationships

Property Division

Spousal Support

Child Support

Parenting

Family Agreements

Contact Us

9452 51 Avenue, Building 3,

Suite 202

Edmonton, AB T6E 5A6

Telephone: 780-760-1388