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  • Certificate of Independent Legal Advice

    We (me, my ex's lawyer and my ex) created a separation agreement. The lawyer wants me to have an independent legal advice, but no lawyer I talked to wants to sign the Certificate of Independent Legal Advice.
    Is that certificate mandatory? (Ontario)
    Thanks!

  • #2
    What I think they are looking for is a waiver or official signed statement that you obtained independent legal advice concerning the document.

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    • #3
      So it is not mandatory in order the separation agreement be valid?
      Thanks,

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      • #4
        Originally posted by rszalai View Post
        We (me, my ex's lawyer and my ex) created a separation agreement. The lawyer wants me to have an independent legal advice, but no lawyer I talked to wants to sign the Certificate of Independent Legal Advice.
        Is that certificate mandatory? (Ontario)
        Thanks!
        The certificate wouldn't be mandatory for the agreement to be in effect.

        The lawyers probably have an issue with signing the certificate because they weren't party to the negotiations and are just being brought in at the end. So they are probably concerned that they have little info and only a little bit of time to review the agreement, making it hard to say whether or not you're getting what you wanted or to read deeply into the clauses and make any drafting changes. The certificate could put them on the hook if you find out later you got hosed and you want to go after someone.

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