Independent Legal Advice Edmonton
What is Independent Legal Advice?
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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 their 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.
In addition to allowing individuals to understand the agreement they are signing, independent legal advice also satisfies certain statutory and legislative requirements such as those under section 38 of the Family Property Act.
Independent legal advice may be required for a variety of different type of family agreements, including:
- Prenuptial Agreements;
- Post-nuptial Agreements;
- Cohabitation Agreements; and
- Separation Agreements.
How Much Does Independent Legal Advice Cost?
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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 the agreement will greatly increase. In some cases involving particularly complex financial issues, both parties may have to involve experts such as 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 and accurately reflects what a party may be entitled to, the time required to provide independent legal advice increases and accordingly so may 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 agreement is ready for signing, they often learn in the process of reviewing the agreement with their lawyer that revisions are required before they are able to comfortably 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.
Generally flat rates for independent legal advice will be between $750 to $1,500 but may be more or less depending on the specifics of the agreement.
The family lawyers at Helm Family Law LLP may be able to offer you a flat rate for independent legal advice, but before doing so, will typically need to discuss your agreement with you so that they can understand the complexity of the agreement, as well as your interests and goals.
Why Is Independent Legal Advice Necessary?
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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, their 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 many years ago and they are 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. In most cases, agreements also contain a “solicitor-client cost clause” requiring a party who fails to comply with an agreement to pay the other’s legal fees for the costs of enforcing the agreement.
If there are any issues with an agreement, these are best addressed before signing it.
Edmonton Independent Legal Advice Lawyers
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At Helm Family Law LLP, our lawyers are available to provide you independent legal advice, including discussing your agreement with you, helping you understand the terms of the agreement, and explaining to you whether the agreement reflects what you may be entitled to under the applicable legislation including the the Divorce Act, Family Law Act, and Family Property Act.
If you have a family agreement that you need independent legal advice on, whether that be a Prenuptial Agreement, Postnuptial Agreement, Cohabitation Agreement, or Separation Agreement, contact us today to get the process started of talking with one of our family lawyers.
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Services
Divorce and Separation
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Spousal Support
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Family Agreements
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Suite 202
Edmonton, AB T6E 5A6
Telephone: 780-760-1388