Independent Legal Advice in Ontario
You've reached an agreement. Before you sign, make sure you truly understand what you're committing to.
Independent Legal Advice, commonly known as ILA, is a service provided by a lawyer who is acting solely on your behalf, independently of the other party and independently of whoever prepared the agreement.
It is not about challenging the agreement or reopening negotiations. It is about making sure you understand exactly what you are agreeing to, the obligations you are taking on, the rights you may be giving up, and whether the agreement is fair and legally sound before you sign your name to it.
When is ILA required?
In Ontario, ILA is often required before a domestic contract, a separation agreement, marriage contract, or cohabitation agreement, is considered legally binding. Courts have set aside agreements signed without independent legal advice on the basis that a party did not fully understand the nature or consequences of what they signed.Beyond legal enforceability, ILA is simply good practice any time you are about to sign a legal document that affects your finances, your property, or your parenting arrangements.
Common situations where clients seek ILA:
You have reached a separation agreement through mediation and need a lawyer to review it before signing
You and your former partner have negotiated terms directly and a lawyer has drafted the agreement
You have a cohabitation agreement or marriage contract prepared by another party's lawyer
Your employer or financial institution is asking for confirmation that you received independent legal advice before signing a guarantee or other financial document
What happens during an ILA appointment?
Megan will review the agreement with you thoroughly, not just confirm that you signed it (or witness your signature (although she can do that, too! Her ILA appointments include:
A thorough review of the agreement — Megan reads the full document and explains each clause in plain, clear language. No legal jargon, no assumptions about what you already understand.
An honest assessment of your rights — Megan will explain what rights you have under Ontario law and, where relevant, how the agreement differs from what you would receive under the default legal framework.
A frank evaluation of fairness — Megan will give you her honest view of whether the agreement appears fair and legally sound. She will flag any provisions that concern her.
Answers to your questions — this is your opportunity to ask everything you want to know before you sign.
A signed ILA certificate — upon completion, Megan will provide a certificate confirming that you received independent legal advice, which is typically required to accompany the agreement.
Do you need to be Megan's existing client?
No. ILA is available as a standalone service. You do not need to have retained Megan for any other matter. If you have an agreement in hand, regardless of how it was prepared or who was involved in the negotiation, Megan can provide ILA.
This is a service Megan provides regularly for clients who reached their agreements through mediation, through direct negotiation, or through a collaborative process facilitated by another professional.
A note on what ILA is not
ILA is not a full legal retainer. Megan is not representing you in a negotiation, advising you on strategy, or advocating on your behalf against the other party.
She is providing you with the independent, informed perspective you need to make a confident and fully informed decision about whether to sign.
If you review the agreement with Megan and have concerns about its fairness or terms, and want to explore renegotiation, that is a different conversation — and one Megan is happy to have.