What is independent legal advice?
Independent legal advice (ILA) is advice from your own lawyer about an agreement before you sign it. The lawyer does not act for the other party. They explain your rights, what the agreement changes, and whether it is fair to you. Ontario does not require ILA for most family agreements. But it is an important protection against a later claim that you did not understand what you signed.
Key points
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Each person needs ILA before a family arbitration, or the award cannot be enforced in court. For separation agreements, marriage contracts and cohabitation agreements, ILA is strongly recommended but not legally required.
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The lawyer reviews the agreement and the financial disclosure, compares the agreement with what the law would give you, and checks that you are signing freely.
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The lawyer usually signs a certificate confirming the advice, which is often attached to the agreement.
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ILA does not make an agreement bulletproof. If the disclosure was misleading or the advice rushed, a court can still set the agreement aside.
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Allow enough time. The lawyer needs the agreement and the disclosure in advance, not on the day of signing.
Asked to sign a family agreement? Book a free 15-minute call about independent legal advice.
When do you need independent legal advice?
ILA may be required in the context of most domestic contracts. Whether the law requires it depends on the agreement:
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Separation agreement. Not required by law. ILA is the main protection against a later claim that you did not understand the agreement, which is one ground for setting it aside. See Separation agreements in Ontario.
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Marriage contract or cohabitation agreement. Not required by law. Courts look closely at contracts signed before a wedding or a move. ILA shows that the partner giving up rights knew what they were giving up. See Marriage contracts in Ontario and Cohabitation agreements in Ontario.
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Family arbitration agreement. Required. Each person must get ILA before arbitration starts, and each lawyer gives a certificate. An award cannot be enforced in court unless both sides received legal advice. See Court, mediation or arbitration in Ontario.
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An agreement reached in mediation. Not required by law. A mediator cannot give legal advice to either of you, so review the agreement with your own lawyer before it becomes a binding contract.
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Changing or ending an existing agreement. Not required by law, but the same reasons apply as for the original agreement.
You especially need ILA if:
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the agreement was drafted by your spouse's lawyer;
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you are giving up support or a share of property;
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there are significant assets you do not fully understand, such as a business or a pension; or
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you feel any pressure to sign quickly.
Banks sometimes require ILA before a spouse guarantees a loan or signs a mortgage on the family home. That is a separate service focused on the financing, not on your family law rights.
What happens during independent legal advice?
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The lawyer checks for conflicts. They cannot act for your spouse or partner in this matter, or have done so before.
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You send the agreement and the disclosure in advance. That means the draft agreement, the other party's financial disclosure and your own financial information.
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The lawyer reviews it before meeting you. They compare the agreement with what you would likely be entitled to under the law. That covers property, support and the home, and child support under the Guidelines if you are a parent. They also look for gaps in the disclosure.
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You meet alone. The other party is not present. The lawyer explains each clause, what you give up and what you get, and answers your questions. If you need an interpreter, use an independent one, not your spouse or a relative of theirs.
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The lawyer checks that you are signing freely. They ask about pressure, deadlines, and whether you have had enough time.
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You get the lawyer's advice, including whether to sign. The lawyer may advise you not to sign, to ask for more disclosure, or to ask for changes. The decision is yours.
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The certificate. If you decide to sign, the lawyer signs a certificate of independent legal advice. It confirms they advised you, and that you said you understood the agreement and were signing voluntarily. It is usually attached to the agreement, and the lawyer often witnesses your signature.
What ILA does not include. ILA is advice on an agreement someone else drafted. It does not include negotiating new terms with the other side or redrafting the agreement. If you want changes, the lawyer can explain what to ask for, and can take on the negotiation under a separate retainer.
Does independent legal advice make an agreement bulletproof?
No. ILA mainly answers one question a court may later ask: did the person understand the nature and consequences of the agreement? It does not cure other problems:
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Hidden or misleading disclosure. If the other party failed to disclose significant assets or debts, the agreement can be set aside whatever advice you received. Your lawyer can only advise on the information they were given.
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Rushed or poor advice. In LeVan v. LeVan, 2008 ONCA 388, the wife had a lawyer. But the advice came in a short meeting two days before the wedding, based on disclosure that understated the husband's business interests. The marriage contract was set aside.
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Pressure. Advice does not undo duress or unconscionable conduct, although it helps show the decision was considered.
The opposite is also true: an agreement without ILA is not automatically invalid. Courts look at the whole picture. A person who chose not to get advice when given the chance may find it hard to claim later that they did not understand.
ILA is only as good as the time and information behind it. A signed certificate after a 20-minute meeting is weaker evidence than a documented review of the agreement and the disclosure.
How do I prepare for independent legal advice?
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Book early. Contact a lawyer as soon as you receive a draft, and at least a week or two before any signing date. That leaves time to review it and, if needed, ask for more disclosure.
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Send documents ahead. Send the full draft agreement, the other party's financial disclosure and your own. Yours includes recent tax returns, pay stubs, account, pension and debt statements, and any appraisals.
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Write down your questions, and anything you were told about the agreement that is not in it. Promises outside the written agreement are usually not enforceable.
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Know your goals. Think about what matters most to you: the home, support, a pension, time with the children.
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Arrange an independent interpreter if you need one.
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Do not let anyone set a deadline for you. A wedding date, a closing or a move is not a reason to sign something you have not had time to understand.
Talk to a family lawyer about independent legal advice
Start with a free 15-minute call to talk through your situation and the next step. From there, we can review the agreement and the disclosure, advise you on your options and, if you decide to sign, give the certificate.
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A free 15-minute phone call to talk through your situation and the next step
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Independent Legal Advice $699 plus HST: a review of the agreement, advice on your options, a meeting with you and a certificate of independent legal advice
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Separation Agreement from $1,499 plus HST; Marriage/Prenuptial Agreement from $1,299 plus HST
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Later meetings by phone, by video or in person at 5200 Yonge Street, Suite 200, North York, ON
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Urgent or out-of-hours: leave a voicemail or send a text to 416-858-1320
Book a free 15-minute call about independent legal advice · Call 416-858-1320
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Last reviewed: November 1, 2026
This page is general information about Ontario and federal law, not legal advice. Reading it or contacting us does not create a lawyer-client relationship. Laws and court fees change; check the date above.