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independent legal advice

Even if you and your partner (or soon to be ex-partner) have drafted a document that you believe sufficiently addresses each of your concerns, it is always advisable that each of you retain your own lawyer who will act in your best interests. Never sign a contract without first doing so.

When you meet with your lawyer, he or she will:

  • obtain information about your current situation;
  • provide you with direction regarding your legal rights;
  • review documents with you;
  • discuss and provide feedback on any possible concerns you may have; and
  • suggest changes that might strengthen your position.

Following these conversations, your lawyer will then negotiate with your partners lawyer to attempt to reach satisfactory outcomes. Once this process is complete, your lawyer will confirm – in writing – that you have received independent legal advice.

  • Myths About Family Law in Ontario

    • Women always win in family law.
    • Mothers always get custody of the children.
    • Spouse who moved out of their home are considered separated.
    • No one needs a family law lawyer during a divorce.
    • Lawyers make the divorce process more complicated than it needs be.

  • Facts About Family Law in Ontario

    • No one has the right to deprive a child access to his or her father or mother.
    • Common-law spouses must divide their assets with each other.
    • The Courts want to maximize a child’s contact with both parents.
    • The law in Ontario allows anyone to apply for access to any child.
    • Having a lawyer review documents before they are signed will help ensure that the agreements comply with the law, are enforceable, and are fair to each party.

When you and your partner (or soon to be ex-partner) obtain independent legal advice, you have greater assurances that the agreement(s) will be upheld in the future and are less likely to be challenged in Court.

In the absence of such protections, either party may claim that they did not understand what it was they were signing, nor fully understood their rights at the time. Should that occur, you will both face increased legal costs and additional stress in the resolution of your family law matter.

At Gelman & Associates, our lawyers can provide you with the necessary expert counsel so that you fully understand the nature of your contracts and ensure that your rights are protected. With six offices throughout Aurora, Barrie, Downtown Toronto, Mississauga North York and Scarborough, we are just a short distance away in any direction. Call us at (416) 736-0200 or  1-844-736-0200 or contact us online for a confidential initial consultation.

FAQ’s:

Divorce can be a difficult decision to make, especially if you’re unsure if your partner will sign the petition. However, a divorce does not require your partner’s consent. Although it may be a long process if your partner doesn’t comply, they will not be able to stop you indefinitely.

Legal information explains the law and the legal system in general terms and no specific case is addressed in the information. Legal advice applies the law, including statute and case law and legal principles to a particular situation.

The key purpose of independent legal advice is to provide an objective review of a legal document, confirm a client understands the document properly, and verify a client has not been pressured into signing their document.

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From the Blog

Latest posts from the Gelman & Associates blog

07

Changes to Decision-Making Responsibility and Parenting Time in Ontario

We asked Gabrielle Pop-Lazic, a lawyer with Gelman & Associates, some commonly-asked questions about changes surrounding decision-making responsibility and parenting time in Ontario. Please note that this overview is intended as an introductory look into a legal subject, and is not intended as legal advice. If you are seeking legal advice regarding decision-making responsibility and …


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30

Creating a Parenting Plan in Ontario: A Guide to Decision-Making Responsibility, Parenting Time, and Contact

When going through a separation or divorce in Ontario, it’s crucial to prioritize the well-being of your children and establish a parenting plan that promotes their best interests. The Ontario legal system has recognized the importance of using updated terminology, shifting from “child custody” to “decision-making responsibility and parenting plan” to reflect a more child-centred …


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24

An Overview of the Child’s Best Interests in Family Law

We spoke with Gabrielle Pop-Lazic, a Toronto family lawyer with Gelman & Associates, on the subject of the child’s best interests in family law in Ontario.  Please note that this article is intended as an introductory overview, and not intended to be taken as legal advice. For legal advice regarding a child’s best interests with …


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** Satellite office that requires you to book an appointment with us prior to arriving at the office.
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