Do I Need Independent Legal Advice Before Signing a Separation Agreement in BC?
This answer covers the law of British Columbia.
No. The Family Law Act sections that deal with agreements do not require independent legal advice for a separation agreement to bind you, and the Act does not mention a certificate of independent legal advice. An agreement about a family law dispute is generally binding on the parties, subject to the Act.
Skipping advice can still matter later. For a property and debt agreement that each spouse signed with at least one witness, a court may set it aside or replace it only if listed circumstances existed, such as a spouse failing to disclose significant property or debts, or not understanding the agreement's nature or consequences. The court may also act if the agreement is significantly unfair. Witnessed spousal support agreements have similar grounds. These are the points where missing advice can matter.
Child-related terms work differently. A court must set aside or replace a parenting-arrangements agreement, in whole or in part, if it is not in the child's best interests. Before you sign, ask for time to read the agreement and think about speaking with your own lawyer, since the right step depends on your facts.
Key takeaways
- The Family Law Act sections on agreements do not require independent legal advice, and the Act does not name a certificate of independent legal advice.
- A witnessed property and debt agreement can be set aside if, for example, a spouse failed to disclose significant property or debts or did not understand the agreement.
- Missing advice can matter where non-disclosure, improper advantage of vulnerability or not understanding the agreement is alleged.
- A court must set aside or replace all or part of a parenting agreement if it is satisfied the agreement is not in the child's best interests.