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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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Old 06-28-2010, 06:20 PM
BitHunter BitHunter is offline
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Default 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!
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Old 06-28-2010, 09:11 PM
logicalvelocity logicalvelocity is offline
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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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Old 06-29-2010, 03:10 AM
BitHunter BitHunter is offline
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So it is not mandatory in order the separation agreement be valid?
Thanks,
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Old 06-29-2010, 09:25 AM
HammerDad HammerDad is offline
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Quote:
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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