Independent Legal Advice
Under the Family Law Act 1975 parties can enter into financial agreements in the following circumstances:
For couples contemplating marriage (a pre-nup) (section 90B)
For married couples (section 90C)
For divorced couples (section 90D)
For de facto couples there are similar provision under sections 90UB - 90UD of the Act.
When parties are contemplating entering into a binding financial agreement under the Family Law Act it is imperative that each party signs the agreement and receives a certificate of independent legal advice certifying that the party has been advised on the effects of the agreement on the rights of that party and about the advantages and disadvantages, at the time that the advice was provided, of making the agreement.
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 but one that requires 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, etc.
Our professional fees for providing independent legal advice start from $495.00 (including GST) but varies with the complexities of the parties' assets and liabilities.