Independent Legal Advice (ILA) in Ontario – What It Is and Why You Might Need It
If you’ve been asked to get independent legal advice (ILA) before signing a legal document, you might be wondering what that actually means. Do you really need it? Is it just a formality? And what happens if you skip it?
This article explains what ILA is, when it applies, how it protects you, and what to expect when working with a lawyer who provides it.
What Is Independent Legal Advice (ILA)?
Independent legal advice means that you receive guidance from a lawyer who is acting for you alone. The purpose is to ensure that you:
- Understand the agreement you’re being asked to sign
- Are entering into it voluntarily
- Know what legal rights you are giving up or changing
- Are not being pressured or misled
In Ontario, ILA is an important safeguard. Courts are much more likely to uphold an agreement if both parties received legal advice separately and understood what they were agreeing to.
When Do You Need Independent Legal Advice?
You’ll usually need ILA before signing:
- Separation agreements
- Prenuptial or cohabitation agreements
- Marriage contracts
- Minutes of settlement
- Any agreement that affects family law rights
If you’ve been handed a draft agreement and told to go get ILA, that means the other party has already received advice. Now it’s your turn to have someone look out for your interests.
Even when ILA isn’t mandatory, it’s highly recommended. Courts are cautious about enforcing agreements that were signed without legal guidance, especially if the terms are one-sided or unclear.
What Happens During an ILA Appointment?
Here’s what typically happens:
- You send the agreement to the lawyer in advance
- The lawyer reviews the document before your meeting
- During your appointment, the lawyer explains each section in plain language
- You ask questions and talk through any concerns
- If you decide to sign, the lawyer provides a Certificate of Independent Legal Advice
This certificate confirms that the advice was given and that you understood the legal effect of what you were signing.
If you want to see what this might cost ahead of time, check out our flat-fee options on the pricing page.
What If You Don’t Get ILA?
Skipping ILA might save time upfront, but it can create problems later. Agreements signed without legal advice are more likely to be challenged in court. If a judge believes you didn’t understand what you signed, or that the terms are unfair, they may refuse to enforce it.
This risk is even higher if the agreement involves waiving spousal support, giving up rights to property, or accepting unequal terms.
In short, ILA protects both parties by reducing the chances of regret, confusion, or conflict in the future.
Do Both Parties Need Separate ILA?
Yes. One lawyer cannot represent both people in a family law agreement. Even if you’re on good terms with the other party, each of you must receive advice from your own lawyer. This keeps things fair and gives both people space to ask questions privately.
If you’ve been asked to get ILA and want to speak to someone who understands the process, you can schedule a free consultation or reach out through our contact page.
FAQs – Independent Legal Advice (ILA)
Q: How long does it take to get ILA?
Usually 30 to 60 minutes, depending on the length and complexity of the agreement. The more prepared you are, the faster it goes.
Q: How much does ILA cost in Ontario?
Fees range depending on the lawyer, but most charge between $350 and $950. We offer fixed-fee ILA services for predictable costs.
Q: Can I sign without ILA and just read it myself?
You can, but you may not be protected if the agreement is challenged later. Courts prefer agreements signed after both parties received legal advice.
Q: Is ILA legally required?
Not always, but in most family law situations, it’s strongly recommended. Without it, your agreement could be considered invalid or unenforceable.
Q: Can I get ILA remotely?
Yes. Many lawyers, including us, provide ILA by phone or video to clients across Ontario.
Final Thoughts
Getting independent legal advice (ILA) is more than just checking a box. It helps you understand what you’re agreeing to, gives your agreement legal strength, and protects you from future misunderstandings.
Whether you’ve received a draft agreement or are preparing one with a partner, don’t sign anything until you’ve had a chance to talk to a lawyer who works for you. Start by booking a free consultation or getting in touch through our contact page.
This article provides general information, not legal advice.