Independent Legal Advice
Independent Legal Advice (ILA) ensures that you fully understand your rights, obligations, and the potential consequences before signing an interspousal agreement. These agreements, which often cover property division, inheritance, or business interests, can have lasting legal and financial effects. At Shields Law Office, we provide clear, unbiased guidance so you can make informed decisions, protecting both your interests and those of your family.
In Saskatchewan, The Family Property Act requires independent legal advice in certain situations to make an interspousal agreement valid and binding. Even when ILA is not strictly required, consulting a lawyer is strongly recommended to ensure your agreement accurately reflects your intentions and complies with the law. This service is especially important when agreements involve children from a previous marriage, business assets, or non-standard division of property.
Shields Law Office can provide independent legal advice whether you are drafting a new interspousal agreement or reviewing an existing one. Our focus is on explaining the implications of your decisions, confirming that your agreement is fair and legally sound, and helping you move forward with confidence and peace of mind.
Frequently Asked Questions
What is Independent Legal Advice (ILA)?
Independent Legal Advice is guidance from a lawyer that ensures you understand your rights, obligations, and the legal consequences before signing an agreement, such as an interspousal or separation contract. ILA protects your interests and confirms that the agreement is fair and legally binding.
What is an interspousal agreement?
An interspousal agreement is a legal contract between spouses or common-law partners that sets out how property, assets, and finances will be handled during the relationship or if it ends. In Saskatchewan, it must include independent legal advice to be valid, ensuring both parties fully understand their rights and obligations.
When is Independent Legal Advice required?
Under Saskatchewan’s Family Property Act, ILA is required for certain interspousal agreements to make them valid and enforceable. Even if it is not legally required, consulting a lawyer is highly recommended to fully understand your rights and obligations.
Who can benefit from Independent Legal Advice?
Anyone entering into an interspousal agreement—especially those involving children from a previous marriage, business interests, or unique property arrangements—can benefit from ILA. It ensures your agreement accurately reflects your intentions and protects your interests.
Can I get Independent Legal Advice for an agreement I already signed?
Yes. A lawyer can review an existing agreement, explain its legal implications, and advise you if any changes or clarifications are needed to ensure it is valid and fair.
What does the process involve?
During ILA, a lawyer will review your agreement, explain the legal language, outline your rights and responsibilities, and answer any questions. You will then sign a certificate confirming you received independent advice, which is required for the agreement to be enforceable.
Why choose Shields Law Office for Independent Legal Advice?
We focus exclusively on interspousal agreements, providing clear, unbiased advice tailored to your situation. Our priority is your best interests, helping you make informed decisions and ensuring your agreements are legally sound.
Get independent legal advice you can trust.
Make informed decisions before signing important agreements.