Independent legal advice in family law matters is typically sought when a party wants to determine the legal ramifications of something prior to it becoming legally binding. Independent legal advice is advice given by an attorney who is not connected to any other person in the contact or dispute.
Most commonly, an individual make seek independent legal advice prior to signing a pre-nuptial agreement or separation agreement. Courts look unfavorably on agreements entered into when one party was without independent counsel and thus likely unable to understand all of the terms drafted by their partner’s attorney. To make sure an agreement would stand up in court, parties should have their own independent counsel to discuss with them the nature and consequences of the decision. In most cases, obtaining independent legal advice is only advised. In other situations, such as an arbitration agreement, the unrepresented party must seek independent legal advice.
When an individual hires an attorney to provide independent legal advice, that attorney will give the provided document a detailed review to understand the legal ramifications of the document if the parties proceed with the document as is. Afterwards, the attorney will explain to the client what the agreement entails, specifically what the consequences of the agreement may be. If the client does not agree with parts of the agreement, the attorney can then begin the process of negotiating changes with the other party.
Prior to signing any legal document pertaining to support, divorce, separation, the division of assets or a pre/post marital agreement, you should seek independent legal advice to protect yourself and your assets. Contact us today to set up a consultation.
Our Areas of Practice
Adult Child Support
Assisted Reproduction Technology Litigation
Child Custody and Visitation
Child Custody Mediations
Child Support Arrearage
Divorce with Children with Special Needs
Domestic Partnership Dissolution
Enforcement (or Set-Aside) of Pre-Marital and Post-Marital Agreements
Establishing Paternity or Maternity
Family Law Coaching
Gender and Name Changes
High Asset Divorce
Judgment Set Aside
Non-Marital Relationship Dissolution