Can a property agreement be set aside solely because one party did not obtain legal advice?

The assertion that a property agreement can still be enforceable without legal advice is grounded in the understanding that, while obtaining legal guidance is highly recommended in order to ensure that both parties understand their rights and obligations, it is not a strict requirement for the validity of a contract or agreement. Property agreements, particularly in family law contexts, can be binding even if one party did not seek legal advice.

The rationale behind enforceability lies in principles such as freedom of contract, which allows individuals to enter into agreements knowing the potential risks. However, if one party feels disadvantaged by not having legal representation, it does not automatically invalidate the agreement. The courts typically evaluate the terms of the agreement and the circumstances surrounding its creation, rather than simply nullifying it based on the absence of legal advice alone.

In contrast, the notion that the agreement could be rendered invalid simply on the basis of a lack of legal advice does not align with the fundamental legal principles. This underscores the importance of assessing the intent and understanding of the parties involved, rather than providing a blanket rule that all agreements without legal advice are void.