Separation Agreements | Why You Need Independent Legal Advice

 


Separating from your spouse?  Whether you are married or have been engaged in a 'common law' relationship and you are separating, independent legal advice (ILA) is crucial when entering into a written separation agreement for several reasons:

1. Understanding Your Rights and Obligations:  A written Separation Agreement, once it is signed, is a legal contract. Spending an hour with your own lawyer ensures that you understand fully your legal rights and obligations under the contract. This understanding is vital to ensure that you’re making informed decisions.

2. Fairness and Equity: Having someone impartial review the agreement can help ensure that it is fair and equitable to both parties. ILA can prevent one party from taking advantage of the other, particularly in emotionally charged situations.

3. Future Protection: An experienced lawyer can identify potential legal issues, consequences or pitfalls that you may not have considered, helping to safeguard your interests in the future, like an insurance policy if you will.

4. Validation of Consent: ILA provides reassurance that you are entering into the agreement voluntarily, without coercion. This can be important if the agreement’s enforceability is ever questioned or challenged sometime later in court.

5. Clarity on Specific Legal Terms: Legal jargon can be complex. A lawyer can explain the terminology and implications, ensuring that you fully grasp the terms and how they affect your situation.

6. Elimination or Mitigation of Future Disputes: By ensuring that both parties fully understand the terms and are properly advised, the likelihood of future disputes can be minimized, creating a smoother separation process. In short, both parties can take comfort in knowing that they have a final resolution of all of the issues between them.  

7. Legal Requirements: In many jurisdictions, obtaining ILA is a requirement for the enforceability of separation agreements, making it a necessary step in the process.

Overall, independent legal advice is about ensuring that your interests are protected and that you understand the ramifications of the agreement you are signing. If you are separating from your spouse, have you considered seeking legal advice for your situation?

Grant Edward Rayner B.Comm., LL.B.*
Langdon Law LPC
304-100 Jones Street
Woodstock, NB
E7M 0H6

https://langdonlaw.ca

Call my direct line at 506-496-5872 or, for more information, see my website at:

Family Law Woodstock

* Licenced to practice in New Brunswick and Ontario since 1985.







Location: Florenceville-Bristol, NB, Canada

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