Independent Legal Advice (ILA)

Paralegal Plus is a company registered in the Province of Alberta that offers paralegal services. Because ParalegalPlus cannot provide any legal advice, we always recommend that our clients seek independent legal advice (ILA).

What is Independent Legal Advice (ILA)?

In Alberta, to ensure your Separation Agreement is legally binding and enforceable, both parties are required to have Independent Legal Advice (ILA) when fully executing your agreement, which entails the following:

ILA is given when your lawyer tells you what the law entitles you to based on the facts of your case. Before you can get that advice, the lawyer requires some information about your relationship, especially about each party's financial condition. If each of you is confident in your knowledge of the other person's financial situation, then the financial disclosure will likely be completed if each side swore a statement laying out their approximate incomes, assets, and liabilities, and sent their sworn statement to the other side.

When each party has sought ILA prior to signing, they will be aware of whether they are receiving what they are legally entitled to and subsequently making an intentional decision. Consequently, it will be difficult for either party to have the agreement amended later.

Banking

Most financial institutions will require ILA for a mortgage refinance/buyout, and if you and/or your ex-spouse have an employment pension, then ILA or a consent property order may be necessary. A self-drafted agreement is not sufficient, nor accepted for these purposes.