Independent Legal Advice
If an Agreement has already been prepared and you are required to get independent legal advice, R&R Legal Group can help you.
If you and your spouse are signing a Separation Agreement or Interspousal Agreement, you may require independent legal advice. Pursuant to The Family Property Act, independent legal advice is required to ensure that an agreement in regards to property division is a valid and binding agreement. Even if you do not require independent legal advice when signing an Agreement, it is always best to speak with a lawyer to determine your rights and obligations.
What if you do not have a lawyer provide legal advice when your Agreement is signed?
Well, the long and short is that if you and your spouse or ex-spouse cannot agree if the agreement is binding, then the Court will make that decision. The Court will consider how fair the agreement is to both parties, how long ago was it made, if either party relied on it to their detriment, and other factors. The Court may determine that the agreement should be ‘persuasive’ and use the agreement to guide the Court in making the decision. If those factors weigh against the agreement, the Court may set the agreement aside and proceed as if it did not exist.
Can both spouses/parents meet with the same lawyer?
No, each spouse must meet with a different lawyer at a different law firm. The reason is that the process must be fair to each client. Each client should feel that after the meeting they were heard, that everything was explained clearly and that they know what the agreement means for them. Having one lawyer act for both parties is expressly forbidden by the Law Society of Saskatchewan. Even if it was not forbidden, we would still not do it, as we want our clients to know that we are here just for them and not secretly working for anyone else.