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

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Independent legal advice (ILA) refers to legal advice that is provided by a lawyer who is not affiliated with the other parties involved in a legal transaction or dispute. The purpose of ILA is to ensure that a person fully understands the legal implications of a decision they are making and that their legal rights are protected. ILA is particularly important in situations where a person is signing a legal document, such as a contract or a settlement agreement, that could have significant consequences for them in the future.

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ILA typically involves a lawyer reviewing the legal document with the client, explaining its terms and consequences, and ensuring that the client fully understands the risks and benefits of the agreement. The lawyer may also advise the client on alternative options or strategies that could be pursued. Once the lawyer has provided ILA, the client is free to make an informed decision on how to proceed.

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ILA is often required in certain legal transactions, such as real estate transactions or when signing a separation agreement. It is also recommended in situations where a person may be vulnerable, such as when signing a contract with a more powerful party, or in cases of elder abuse or financial exploitation.

 

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.