Does a separation agreement need independent legal advice in Saskatchewan?

This answer covers the law of Saskatchewan.

Whether a separation agreement needs independent legal advice depends on the facts, and a lawyer can confirm how the rules apply to you. Independent legal advice means each spouse meets with their own lawyer, who explains the agreement and what they may be giving up.

What the law does say is that agreements matter. Agreements about separation, support, property or parenting are not collusion under the Divorce Act. When deciding spousal support a court considers any agreements between the spouses. For property under The Family Property Act, the court considers any written agreement between the spouses when deciding whether an equal split would be unfair and inequitable.

Because a signed agreement can carry real weight, it is worth understanding it before you sign. Getting your own legal advice and keeping a record of it is a practical way to protect yourself, but whether it is legally required, and how a court would treat an agreement made without it, depends on the circumstances. The law also encourages parties, to the extent appropriate, to try to resolve matters through a family dispute resolution process.