Independent Legal Advice
Posted by ianmacleod on July 9, 2009
Agreement Review Service
Changes to the Family Law Act section 90g requires each party to the agreement MUST receive independent legal advice as to the advantages and disadvantages of entering into the Agreement.
Before your financial agreement becomes legally binding it must contain
1. A statement in the body of the agreement by the parties to the effect that they have received legal advice independent of each other and
2. A certificate from the legal adviser that the advice has been provided.
This prevents either party from arguing that, when signing the agreement, they did not understand what they were signing or the consequences thereof.
We have negotiated a reduced rate for our customers with several independent, nationally licensed lawyers who can provide the required advice by telephone and e-mail.
An average amount for getting your own lawyer could be anywhere from $1500 EACH to several thousands depending on what is involved in drawing up the agreement.
Take advantage of our Agreement Review Service now. Only $330 per partner. Click here.
What does this mean for you?
Our Agreement review service assists you to complete your financial agreement properly, meeting the requirements of the Act, with a minimum of fuss and expense.
Of course you are also free to seek your own legal advice with a solicitor of your choice.
The steps involved are fairly simple.
1. Purchase and download the financial agreement kit.
2. Draft your own agreement, referencing the manual and sample agreements supplied.
3. When both parties are happy that the agreement achieves their aims, e-mail your draft for distribution to our panel of lawyers.
4. The first party will be contacted by e-mail and telephone to set up a convenient time to examine your agreement, make any adjustments necessary and ensure the document is compliant with the requirements of the Act.
5. The completed draft will be sent to a second independent qualified Australian lawyer who reviews the agreement and makes contact with the second party.
6. When all parties are happy the certificates of legal advice are issued by each qualified Australian lawyer and e-mailed to the clients. Originals will be sent by regular mail.
7. Clients are then free to sign the agreement in front of a witness – one party keeps the original and the other keeps a copy.
Collaborating with your spouse to reach and draft your own agreement is a fresh approach to resolving issues that may arise when a relationship ends. Reaching agreement in a non-combative atmosphere minimises costs, empowers the parties and reduces stress.
Our Lawyers understand that both parties have spent considerable time negotiating a mutually acceptable agreement and they simply need the added security and guidance of good legal advice.
The basic financial agreement review service starts from just $330 per partner. If your situation is particularly complicated additional costs may be involved.
