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Independent Legal Advice

Independent Legal Advice


There are situations in which it is necessary to have professional advice before entering into a contract, deed or any other type of agreement.


A certificate of Independent Legal Advice is a certified document stating that the party has sought legal advice on the effects of an agreement, the advantages and disadvantages of entering into that agreement, and the rights and restrictions that will be imposed on the parties to the agreement, BEFORE entering that agreement.


A Certificate of Independent Legal Advice for FAMILY LAW purposes


Under the Family Law Act 1975, parties can enter into financial agreements in the following circumstances:


(1) For couples contemplating marriage (a prenuptial agreement) (Section 90B)

(2) For married couples (Section 90C)

(3) For divorced couples (Section 90D)

(4) For de-facto couples, there is a similar provision under Sections 90UB - 90UD of the Act.


Under the Family Law Act 1975, it is imperative where the parties are contemplating entering into a Binding Financial Agreement to each party sign the agreement and one party to obtain a certificate of Independent Legal Advice.


At Southern Legal, we take the provision of providing a certificate of independent legal advice as a serious task that requires far more than just providing a signature on a piece of paper. Instead, it is a signed document that involves the provision of considered advice after taking into account such things as the history of the client, past financial and non-financial contributions, the current assets, plans of the future (including provision for children), medical needs, future expectations and prospects, possibility of future litigation.


                 If you feel your situation requires more information regarding this area of law,
                        please feel free to contact us today for a free consultation and quote.