We routinely have people call our office indicating that they already have an agreement with their spouse and they just need a lawyer to “sign off on it”, effectively giving the agreement what is sometimes called a “rubber stamp”. When a lawyer reviews an agreement with you, separate and apart from your spouse or his or her lawyer, and provides advice, it is broadly called independent legal advice.
This requirement for independent legal advice comes from the Matrimonial Property Act (Alberta), which is the legislation that provides the road map on how to divide property when married couples in Alberta separate. In order for your agreement dealing with property to be legally enforceable, both parties must consult their own lawyers. A lawyer providing independent legal advice will explain to you the nature and effect of the agreement, and also other possible options or outcomes that you may not have thought of when you were drafting the agreement. In order to provide this kind of advice, we require financial information from both spouses and a copy of the proposed agreement. In some cases, we may be able to offer you a flat fee. Please give us a call to discuss your particular situation.