What is the effect of obtaining independent legal advice at the time of negotiation of a marriage agreement?
British Columbia, Canada
The following excerpt is from Bandpey v Talebpourazad, 2021 BCSC 763 (CanLII):
Obtaining independent legal advice at the time of negotiation of a marriage agreement ensures an informed decision to enter the agreement: Hartshorne v. Hartshorne, 2004 SCC 22 at para. 60.
In determining whether a party understood the consequences of a marriage agreement, the court must determine whether independent legal advice was obtained and assess the quality of that advice: Young v. Sherk, 2019 BCSC 312 at para. 78.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is understanding the effect of a personal injury agreement sufficient to satisfy the requirement for independent legal advice? (British Columbia, Canada)
What is the test for obtaining independent legal advice at the time of negotiation? (British Columbia, Canada)
Can a self-represented party to a family law negotiation do not seek independent legal advice? (British Columbia, Canada)
What is the impact of an agreement requiring independent legal advice? (British Columbia, Canada)
What is the test for respecting a separation agreement where the parties have negotiated their own agreement as to how their financial affairs should be settled after the breakdown of their marriage? (British Columbia, Canada)
What is the effect of a common law common law agreement where the parties have reached an agreement stating that if the parties reconcile, will the common law rule remain in effect even if they reconcile? (British Columbia, Canada)
What is the legal test for recommending independent legal advice? (British Columbia, Canada)
What is the effect of having proper legal advice on an unfair agreement? (British Columbia, Canada)
Does a lack of independent legal advice invalidate a settlement agreement? (British Columbia, Canada)
When parties have negotiated their own maintenance agreement following their divorce, can the agreement be respected? (British Columbia, Canada)
