Getting independent legal advice (ILA) before signing an agreement affecting your family is an important step. It ensures you understand the agreement’s legal consequences, the rights you may be giving up and any alternatives available to you.

ILA must be provided by a lawyer who does not represent the other party. Your lawyer’s role is to give you independent, unbiased advice and help you make an informed decision that protects your interests.

Obtaining ILA can also make an agreement more likely to withstand a future legal challenge. A court may be more inclined to set aside an agreement if one or both parties did not receive independent legal advice before signing.

Prepared by a Lawyer:

We offer flat-fee ILA for separation, parenting, cohabitation and marriage agreements that have been prepared by a lawyer representing one of the parties.

Flat fee: $1,200 plus tax (up to 15 pages) and $1,800 (up to 30 pages)

The flat fee includes:

• Review of the agreement by the lawyer in advance of the meeting
• One meeting with the lawyer for up to 1 hour to review the terms of the agreement. This will include a discussion of any relevant legal obligations and alternative options that may be of benefit to you before finalizing the agreement.

The flat fee does not include negotiating changes to the agreement or preparing or exchanging financial disclosure. We are pleased to assist with those services at our regular hourly rates.

Payment of the fee also does not guarantee that the lawyer will witness your signature or sign a Certificate of Independent Legal Advice. We have a professional obligation to decline to do so if we are concerned that:

• You do not sufficiently understand the agreement or its consequences;
• The agreement is substantially unfair or contrary to your interests;
• Required financial disclosure has not been provided; or
• You are being pressured into signing.

Our lawyer will always act in your best interests, even if that means recommending that you not sign the agreement in its current form.

Self-Prepared or AI-Generated Agreements:

The flat fee does not apply to agreements prepared by the parties themselves or generated using AI.

These agreements often require significantly more time to review. They may contain unclear, inconsistent or legally ineffective terms, omit important issues, or require substantial revisions before a lawyer can recommend that a client sign them.

If you have a self-prepared or AI-generated agreement, please contact our intake team. We can determine whether we may be able to assist and arrange an initial assessment meeting where appropriate.

During the assessment meeting, we will discuss the agreement, identify any significant concerns and recommend the most efficient way to move forward while protecting your interests. Depending on the circumstances, that may involve reviewing or revising the existing agreement, negotiating changes, or preparing a new agreement. Any further work and the anticipated fees will be discussed with you following the assessment.

Need an Agreement Drafted?

We are happy to assist you with that. The cost typically ranges from $2,500 to $5,000, depending on the complexity of the matter and whether it covers all issues or is limited to assets or custody. If there are extensive negotiations the cost may exceed $5,000.

For more information on separation agreements, please see our website here: https://rdmlawyers.com/insights/family-law/separation-agreements/.