What is independent legal advice for a separation agreement?
When couples separate, it’s common to reach an agreement about property division, support, and other important issues without going to court. While that can save time, stress, and money, to ensure it is a binding agreement one step should never be skipped: Independent Legal Advice (ILA).
What is ILA?
Independent legal advice means that each person gets their own lawyer, from different law firms, to review the separation agreement with them individually.
This is not a joint meeting and it’s not one lawyer “helping both sides.” Each person meets one-on-one with their own lawyer whose only role is to protect their interests.
What Happens During an ILA Appointment?
Before you meet, your lawyer will usually review the draft separation agreement in advance. During your appointment, the lawyer will:
Explain your legal rights and options in plain language
Walk you through the agreement at a high level, and may also review individual clauses
Answer any questions you have (so please come with your questions!)
Explain what you may be gaining or giving up compared to what a court might order if there were no agreement
Confirm that you understand the consequences of signing
Your lawyer is not there to pressure you to sign. Their role is to make sure you fully understand the deal and that it reflects an informed choice.
Ensuring the Agreement Is Truly Voluntary
A key part of independent legal advice is confirming that:
You are signing voluntarily
You are not being pressured or coerced
The agreement is not obviously misleading
The terms are not so unfair that they raise red flags
If there are serious concerns, your lawyer will raise them with you before anything is signed. In rare cases, if the terms of the agreement are patently unfair, the lawyer may decline to sign the agreement with you.
Why ILA Is So Important in Alberta
In Alberta, independent legal advice is more than just a good idea — it is a formal requirement for a separation agreement that purports to finalize the family property.
If an agreement is signed without a lawyer, a court may later:
Refuse to enforce parts or all of the agreement
Set the agreement aside entirely
Re-open issues that the parties thought were resolved
In other words, skipping ILA can undo the certainty the agreement was meant to provide.
If you are are interested in learning more about our pricing for ILA check out our page here. You can also set up a free consultation by emailing reception@mintlegal.ca.