What are the duties of a solicitor giving independent legal advice in the Family Law context?

British Columbia, Canada


The following excerpt is from Williams v. Williams, 2008 BCSC 1603 (CanLII):

The court in Gurney v. Gurney, 2000 BCSC 6, described the duties required of a lawyer giving independent legal advice in the Family Law context at para. 29: In the family law context, providing independent legal advice must mean more than being satisfied that a party understands the nature and the contents of the agreement and consents to its terms. The solicitor should make inquiries of the party so as to be fully apprised of the circumstances surrounding the agreement. The party should be advised of his or her legal rights and obligations in relation to the subject matter of the agreement and advised of the consequences associated with a refusal to sign. The solicitor should offer his or her opinion on the question of whether it is appropriate for the party to sign the agreement in all of the circumstances. It is only with that kind of advice that the party can make an informed decision about the advisability of entering into the agreement as opposed to pursuing some other course.

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