23 Jan Empowering Decisions: The Crucial Role of ILA in Family Law Matters

Clients often ask if they are required to hire a lawyer when separating from their spouse or before they sign a prenuptial or cohabitation agreement. In British Columbia, you are not required to have independent legal advice (ILA), however, it is always recommended.

Here are a few reasons to get ILA before signing an agreement, upon separation or if you are generally unsure about your rights:

• Informed Decision-Making: ILA ensures that clients have a comprehensive understanding of their rights, options, and potential outcomes, which enables them to make informed decisions about highly emotional issues.

• Protection: Seeking ILA safeguards clients’ legal rights and provides them with professional guidance on the personal and financial implications, which helps to prevent unintended consequences.

• Conflict Resolution: ILA contributes to effective conflict resolution by equipping clients with a clear understanding of the legal landscape, facilitating more informed negotiations and settlements. Obtaining ILA often de-escalates the level of conflict as parties are able to make decisions based on facts rather than assumptions about the law or legal process.

• Reducing Coercion or Duress: ILA helps mitigate the risk of coercion or duress in legal agreements, as well as intimidation during the negotiation process, as clients are guided by their own counsel whose job it is to promote fairness. In situations where a power imbalance may exist, ILA helps level the playing field by providing each party with independent legal representation.

• Enhancing Agreement Enforceability: Agreements reached with the benefit of ILA are more likely to be legally enforceable, as they demonstrate that parties entered into the agreement with a full understanding of its consequences.

• Client Empowerment: Obtaining ILA empowers clients to actively participate in the legal process and can foster a sense of ownership and control over the decisions that will significantly impact their futures.

The lawyers at YSM Family Law are happy to provide Independent Legal Advice. If you have any questions, please do not hesitate to contact us.