When families need a legal process for finalizing outstanding matters, negotiating a domestic agreement should always be the first consideration as a viable process. That’s because negotiation can be the cheapest and fastest method of their goals. Even when some matters are controversial and negotiations seem unattainable, we can provide strategies that have been proven to help parties achieve desirable results. Once an agreement has been reached and signed, it can have the same effect as a binding court order, as long as the essential components have been included. At Dubin Legal Advocacy, we know what it takes to negotiate a legally enforceable agreement that you can rely on. During your consultation, we’ll assess your circumstances and determine if negotiation is a suitable legal process for you.

Independent Legal Advice 

A component of the negotiated binding domestic agreement is independent legal advice. Each party to the agreement needs to have their own lawyer. There are two good reasons for that:

• The first reason has to do with the strength of the agreement. For a domestic agreement to be legally enforceable to the highest degree, it must be clear that before entering into the agreement, the parties each had their own independent legal advice. In other words, each person had a lawyer vested with the duty to prioritize their client’s best interest, advising them on the benefits and consequences that would arise from the agreement. Courts will be reluctant to enforce a domestic agreement where there is uncertainty about whether or not the person signing it, understood the nature of the consequences that would flow from it. However, a certificate of independent legal advice, signed by a lawyer, provides the assurance the court needs to uphold the terms of the agreement and enforce them if necessary.
  
  
• The second reason for recommending that each party to a domestic agreement retains their own separate lawyer is because it ensures an efficient and smoother negotiation process. When a party knows that their lawyer possesses the knowledge of the law and the highest standard of loyalty to their cause, the party is more confident in the negotiations. The party is better able to make decisions efficiently and productively as they rely on their lawyer to guide them to the best possible outcome they could achieve for themselves.