416.368.0700 anne@annefreed.com

INDEPENDENT LEGAL ADVICE OR “ILA” IN A SEPARATION AGREEMENT – IS THERE A DIFFERENCE?

Dear Friends and Colleagues,

Firstly, Happy New Year! Today’s topic is: “Independent Legal Advice,” commonly referred to as “ILA.” Following are four scenarios which in my view illustrate the common assumptions and mis-assumptions of what ILA means and the huge importance that it has.

I’ll use the words “Independent Legal Advice” to mean that each party retains his/her own lawyer to advise them in the negotiation of a Separation Agreement or Marriage Contract (“Pre-nup”). I’ll use the shortened “ILA” to mean that a party wants “quick and cheap” advice from a lawyer and the lawyer’s signature on the “Certificate of Independent Legal Advice” attached to the Agreement. Is there a difference? The following 4 scenarios* I hope will provide the answer.

Is there a difference? The following 4 scenarios I hope will provide the answer.

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WHAT HAPPENS TO A SPOUSE’S INTEREST IN THE HOME WHEN HE’SHE TRANSFER IT TO HIS/HER SPOUSE’S NAME AND THEN THEY SEPARATE?

Dear Friends and Colleagues,

Welcome to my Newsletter, the Winter issue. I hope you are enjoying the snow and “refreshing” temperatures!

Today’s topic is: What happens to a spouse’s interest in the home when he/she transfers it to his/her spouse’s name and then they separate? This is an important issue which often arises when spouses separate.

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FINANCIAL DISCLOSURE

Dear Friends and Colleagues:

Welcome to the Fall issue of my Newsletter and today’s topic: “Financial Disclosure in negotiating Separation Agreements ( and marriage contracts also!): Why is it necessary?”

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BLOG BEGINNINGS

I firmly believe that, in most cases, court is not the answer in family law when considering separation or divorce.  Whatever process option we choose, I look out to protect the interests of my clients and make sure that they get a proper and fair agreement that stands the test of time even in the most complex and challenging cases.

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