Gail Vaz-Oxlade's Guide To:
Independent Legal Advice
Financially Smart Divorce
For more than 25 years you have witnessed Gail Vaz-Oxlade's trademark straight-up money wisdom, both on Radio and Television, most notably as host of TVs Till Debt Do Us Part, Princess and Money Moron. Gail is a best-selling Canadian financial author.
Gail Vaz-Oxlade's Guide To
Independent Legal Advice
Financially Smart Divorce
Independent Legal Advice (ILA) in Ontario
“Some people believe that it is sufficient to simply hire a Notary to witness an Agreement. A Notary does not provide ILA but rather only witnesses the signatures. Only a family Lawyer can give legal advice on a Separation Agreement. As well, a lawyer in Ontario, cannot give legal advice to both spouses.”
Independent Legal Advice for your Separation Agreement
The Family Law Act grants the court the power to nullify a Separation Agreement or any clause in that contract if:
- a spouse failed to disclose to the other significant assets, significant debts or other liabilities that existed when the Separation Agreement was made;
- if a spouse signs an agreement while being forced, coerced or under duress
- if a spouse did not understand the nature or consequences of the Separation Agreement; or
- if the Separation Agreement was not prepared in accordance with the law of contract.
It is for this reason that mediation recommends independent legal advice (ILA) to ensure that everyone understands their rights responsibilities and obligations before they sign their final Separation Agreement. A lawyer providing ILA will also review the financial disclosures, and explain if the contract is fair, valid and enforceable.
How to Avoid A Messy Divorce
Seriously consider mediation before lawyer litigation
If at all possible, stay out of the Family Courts
Gather and organize your financial documents
Do your homework, understand how divorce works in Ontario
Independent Legal Advice (ILA)
Independent Legal Advice (ILA) refers to the legal advice given by a lawyer who is independent of the other parties involved in a legal transaction or agreement.
The Wisdom of ILA
Remember, it is in each person’s best interest to ensure sure that your spouse also receives independent legal advice. Ensuring that your spouse receives ILA before they sign a Separation Agreement will hinder any future claims that they did not understand what they were signing or that they were signing under duress. When both spouses receive ILA, a Separation Agreement is presumed to be binding on both you and your spouse.
A lawyer cannot give legal advice to both spouses. Also, some people believe that it is sufficient to simply hire a Notary to witness an Agreement. A Notary does not provide ILA but rather only witnesses the signatures. Only a family Lawyer can give legal advice on a Separation Agreement.