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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 03-09-2017, 02:13 PM
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Waving ILA is never certain. In some instances, where the agreement is otherwise fair (or at least marginally reasonable), a judge would likely uphold it. Where an agreement is patently unfair, a judge will likely toss it.

There are other factors like the capacity of the individuals, the lawyers involved, duress etc. that will impact a waiver of ILA.

In the OP's case, it would be on the ex to prove they didn't understand the agreement, that it was unfair/unreasonable and that a lawyer would have saved her from entering into the agreement. Than she would have to argue that she was prevented from ILA in one way or another. Financial ability may be a factor.

Here is a blog on the subject that appears to make sense of why one should get ILA:

JP Boyd on Family Law Blog by Collaborative Divorce Vancouver: Family Law Agreements and Independent Legal Advice

Simply put, without ILA an agreement couldbe set aside. Whether it will be set aside depends on the facts involved.
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Old 03-09-2017, 02:46 PM
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Could you not add a clause stating that you will accept the cost of her lawyer for the sole purpose of providing legal advice?
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Old 03-09-2017, 07:10 PM
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As noted by some other replies here, be VERY careful over her refusal to get independent legal advise (ILA). At the risk of sounding paranoid, while she claims its simply about saving legal fees, don't discount the possibility that she is PURPOSELY not getting an ILA in order to have a "get out of jail free" card later. That is, by her waiving an ILA, it gives her a very good chance of being able to successfully dispute the SA in question later if she so chooses.

As mentioned by another poster above, if its simply a money thing, ask YOUR lawyer roughly how much time an ILA should cost and then offer to reimburse your ex "X dollars" towards getting an ILA with a lawyer of HER choice.

It's a small price to pay to strengthen the SA you've likely worked so hard to get. Don't be penny wise/pound foolish.

Bottom line, if it was me, I would INSIST she gets an ILA - even if YOU have to pay for it as a last resort. You simply can't be too careful with this stuff !!!

Good Luck !
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Old 03-09-2017, 09:57 PM
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Quote:
Originally Posted by number1dad View Post
Completely contradicts your post in my thread. So are you saying it is completely okay and enforceable when a father signs an agreement without independent legal advice but not when a mother does? I don't get it.
Well, to be fair there is a certain amount of gender bias in family law, so agreements are certainly selectively enforced.

However, you are confusing some distinct scenarios.

1) Spousal Support

If the possible recipient does not have ILA, then the agreement is worthless. There is no point is signing a spousal waiver with somebody who doesn't receive ILA.

2) Equalization

If the agreement has assets split roughly close to 50%, then ILA is probably not needed.

If the agreement has assets unequally split, then the person getting less than half needs to have ILA, or the agreement is at high risk of getting overturned.

3) Child Custody

ILA is irrelevant. Agreement will make a status quo, and that status quo will be hard to overturn later.

4) Child Support

ILA is irrelevant because no agreement on child support is ever binding to anybody. Both parties can have ILA and the agreement can still be easily overturned.

Summary:

SS: always needs ILA
Equalization: maybe needs ILA
CS and custody: ILA is not needed
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Old 03-10-2017, 01:57 PM
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I agree with everything but, one slight modification...

Quote:
Originally Posted by Janus View Post
3) Child Custody

ILA is irrelevant. Agreement will make a status quo, and that status quo will be hard to overturn later.

In the general sense... Judges rarely upset the agreements that parents make on consent. You may also want ILA stuff so professional service providers take the agreement seriously. (Schools, doctors, etc...)
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