ILA (Independent Legal Advice)

Empowering You to Make Informed Decisions

In today’s complex legal world, it’s essential to fully understand the rights and obligations you’re agreeing to when signing important documents.

Independent Legal Advice (ILA) ensures that you are making informed, voluntary decisions — free from pressure or misunderstanding.

At Fletcher Barrow, we provide clear, thorough, and supportive Independent Legal Advice to help protect your interests before you sign any legally binding agreement.

What is Independent Legal Advice (ILA)?

Independent Legal Advice means obtaining advice from a lawyer who is not involved in the transaction or acting for the other party.

The purpose is to ensure that:

You fully understand the nature and consequences of the document you are signing,
You are signing voluntarily, without coercion, undue influence, or misunderstanding,
You are aware of any risks, rights, or obligations created by the agreement.

Once Independent Legal Advice is provided, your lawyer will often sign a Certificate of Independent Legal Advice, confirming that proper advice was given.

When is Independent Legal Advice Required?

While not mandatory for every contract, ILA is highly recommended — and sometimes required — in situations such as:

Marriage Contracts and Cohabitation Agreements,
Separation Agreements, Divorce Settlements,
Domestic Contracts (spousal support waivers, property waivers),
Mortgage Refinancing or Private Lending Transactions,
Business Agreements (buy-sell agreements, shareholder agreements),
Gifting or transferring property between family members,
Guarantor Agreements (e.g., guaranteeing someone else’s loan or mortgage),
Settlement Releases for personal injury or employment claims.

Without proper ILA, certain agreements could later be challenged in court and potentially set aside.

Why is Independent Legal Advice Important?

Protects Your Legal Rights: Ensure that you know exactly what you are agreeing to — before it’s too late.
Provides Peace of Mind: Understand the full impact of your decisions with clarity and confidence.
Strengthens the Validity of Agreements: A properly advised and witnessed agreement is less likely to be overturned later.
Reduces the Risk of Future Disputes: Clear, informed consent minimizes misunderstandings and litigation down the road.
Ensures Fairness: You receive unbiased advice tailored solely to your best interests.

What to Expect During Your ILA Appointment

At Fletcher Barrow, your Independent Legal Advice meeting will typically include:

Private Review of the Document

We will carefully review the agreement with you — away from the other party.

Explanation of Terms and Consequences

We will explain, in plain language, what the document says and what it means for you.

Assessment of Fairness

We will advise you if the terms seem unfair, unusual, or contrary to your interests.

Opportunity to Ask Questions

We encourage you to ask anything you don’t understand or feel uncertain about.

Confirmation of Voluntary Decision

We confirm that you are signing freely, without duress or pressure.

Issuance of a Certificate (if needed)

We will sign a Certificate of Independent Legal Advice confirming that you were properly advised.

Frequently Asked Questions

Can’t I just sign without getting Independent Legal Advice?

You can, but it’s risky. Without ILA, agreements — especially family law contracts — may later be challenged as unfair, signed under pressure, or not properly understood.

Can the same lawyer advise both parties?

No. Each party must receive advice from a different lawyer to avoid conflicts of interest and protect independence.

How long does an ILA appointment take?

Typically between 30 minutes to 1 hour, depending on the complexity of the agreement.

What should I bring to my appointment?

Bring the full document you are being asked to sign, your government-issued photo ID, and any relevant background information you think may be helpful.

Protect Yourself Before You Sign

Independent Legal Advice is a critical safeguard — ensuring that your rights, interests, and future are protected. At Fletcher Barrow, we are committed to providing clear, respectful, and thorough ILA services. Before you sign, know your rights.

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