Independent Legal Advice

Service Information

With Mark Idler Law, provision of Independent Legal Advice on the terms and signing of Family Law Agreements starts at $320.00 plus GST.  Consultations on your separation or divorce circumstances, with a focus on crafting viable settlement proposal options to discuss with your estranged spouse or partner starts at $300.00 plus GST.

No shortage of prospective new clients have asked me, “Why is Independent Legal Advice necessary?”.

There are several reasons why seeking Independent Legal Advice (ILA) is essential in the execution of Family Law Agreements:

a. Courts in Alberta are SIGNIFICANTLY MORE inclined to uphold Family Law Agreements that have been executed with independent legal counsel, meaning lawyers of independent offices;

b. Protection of Rights: When entering into a Family Law Agreement, there is a significant risk of one party having more knowledge or bargaining power than the other. ILA ensures that the less informed party receives proper legal counsel, so they are not disadvantaged. This is particularly relevant in family law matters where emotions can cloud judgment, and it’s easy to make concessions that may not be your best interests;

c. Prevention of Unenforceable Agreements: Without independent legal advice, Family Law Agreements may be challenged in Court and potentially invalidated. Courts in Alberta require Family Law Agreements to be entered into voluntarily and with full understanding of the consequences, so receiving ILA is a crucial step in ensuring the enforceability of an Agreement;

d. Understanding Legal Implications: Family Law Agreements are often highly detailed, complex and filled with legal jargon that can be confusing. An ILA lawyer explains the Agreement’s terms in plain language, helping clients understand their rights, obligations, and the potential long-term consequences of the proposed Agreement; and

e. Fair Negotiation Process: By receiving ILA, both parties are more likely to feel confident that they have negotiated a fair deal. This can prevent future disputes and reduce the likelihood of hugely costly and time-consuming litigation. In family law, this is especially important as Family Law Agreements often relate to long-term issues like child support, custody, spousal / partner support and property division, all of which require fair and balanced negotiation.

Since 2004, my office has been retained by countless clients for review and Independent Legal Advice on the terms and execution of:

a. Separation Agreements dealing with division of family property and debt accounts, spousal / partner support; parenting time, and/or child support;

b. Divorce Settlement Agreements dealing with division of family property and debt accounts, spousal / partner support; parenting time, and/or child support;

c. Cohabitation / Prenuptial / Postnuptial Agreements;

d. Parenting Time and Child Support Agreements; and

e. all other types of Family Law Agreements, where the parties seek certainty as to their respective rights and obligations under such Agreements, coupled with knowing that those rights and obligations are fully enforceable in Court, if either party were to breach the terms of their Agreement in the future.

Our Alberta Court of Appeal has definitively ruled that Family Law Agreements are binding and enforceable, provided that:

a. each party accurately discloses their income, assets and debt obligations in their Agreement and to legal counsel, with respect to the terms in an Agreement that detail contractual terms for a division of family property and debt accounts and/or where child/spousal/partner support payments are being tendered by one party to the other;

b. the terms detailed in a Family Law Agreement are fair and equitable to both parties; are in accordance with both the applicable governing legislation and the Court cases that have considered those pieces of legislation; and reflect the parties' mutual intentions;

c. each party received independent legal advice on the terms of their Family Law Agreement; and

d. a Family Law Agreement was not executed under “behind the scenes” interpersonal circumstances of an imbalance of power, abuse, undue pressure, or coercion.

It is essential to have a clear understanding of your rights and obligations before entering into any binding Family Law Agreement. One of the most critical steps in this process is obtaining Independent Legal Advice (ILA) on the terms and execution of a Family Law Agreement. I, Mark Idler, GUARANTEE that any new client that retains my office for review and execution of a Family Law Agreement will involve:

a. ensuring that my client has received all relevant financial disclosure documentation from their spouse or partner with respect to the terms in their Agreement that deal with financial matters;

b. a thorough discussion of the underlying Legislation and Court cases that are relevant to the contractual terms in their Family Law Agreement, including but not limited to the range of potential outcomes in contested Court proceedings if my client were to decline to execute a proposed draft Family Law Agreement, after they have received independent legal advice at our appointment;

c. how any specific term of their Family Agreement may represent less than what they could fairly bargain for through further respectful negotiation with their spouse or partner and / or presentation of counter-offer terms to the lawyer who drafted the Agreement in the first instance; and

d. ensuring that my client both understands the legal implications of their Agreement and that my client is not being coerced or unduly influenced by their significant other.

Independent legal advice is not a “Hoop Jumping / Rubber-Stamping exercise”. Rather, it provides an opportunity for my client to have their proposed Agreement thoroughly reviewed by myself, who is a lawyer who represents Only Your Interests.

Challenging any Family Law Agreement where both parties have received independent legal advice is complex, highly fact dependent, Very Expensive, and more often than not, Unsuccessful. In most cases, Agreements also contain a “solicitor-client cost clause” requiring a party who fails to comply with a Agreement to pay the other’s legal fees for the costs of enforcing the Agreement. If there are any issues with a proposed Family Law Agreement, these are best addressed before signing it.

The majority of family lawyers in the greater Edmonton area charge between $800.00 to $1,100.00 plus GST for Independent Legal Advice on the review and execution of Family Law Agreements.

With Mark Idler Law, Independent Legal Advice on the review and execution of Family Law Agreements starts at $320.00 plus GST. With more than 21 years of family law experience, my new clients can rest assured that you will be in Good Hands with my office.

FOR NEW CLIENTS: I personally prefer talking with new clients on a telephone call rather than trading a number of emails about preliminary issues. My experience is that considerably more important information about your matter can be exchanged between us if we are able to have instantaneous communication on the telephone. However, please don't hesitate to send me an email if you prefer, but do please include your best telephone number(s) in your email, for the quickest possible response from me.