Hillwest Legal provides independent legal advice (ILA) for clients who have been asked to sign a binding financial agreement prepared by the other party's solicitor. Under the Family Law Act 1975 (Cth), each party to a BFA must receive independent legal advice from their own solicitor before signing. Without it, the agreement may not be enforceable. We review the agreement, explain its effect on your rights, and sign the required solicitor's certificate.
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How the ILA process works
- You send us the agreement. Forward the draft BFA that the other party's solicitor has prepared.
- We review the agreement in full. We examine every clause the division of property, financial resources, maintenance provisions, superannuation, and any other terms. We assess whether the agreement is fair and reasonable in your circumstances.
- We advise you on the effect of signing. We explain what rights you'd be giving up, what you'd receive, and how the agreement would affect you if the relationship ends. We're candid about any terms that could disadvantage you.
- We discuss your options. If there are terms you're uncomfortable with, we advise on whether to request amendments and what changes would be reasonable. You're not obligated to sign.
- Solicitor's certificate. Once you're satisfied, you sign the BFA and we sign the solicitor's certificate confirming that we provided independent legal advice about the agreement's effect, advantages and disadvantages.
When you need independent legal advice
Your partner has presented you with a prenuptial agreement. If your partner had a prenuptial BFA drafted, you need your own solicitor to advise you before signing.
You've been asked to sign a post-nuptial agreement. During a relationship, circumstances change. If your partner wants a post-nuptial BFA, you need separate advice.
You've separated and the other party has drafted a separation agreement. If your former partner's solicitor has prepared a separation BFA, you need your own lawyer to review it before you sign.
ILA fees
Independent legal advice is typically a fixed-fee service. The fee covers our full review of the BFA, a consultation to explain the agreement and your rights, and the signed solicitor's certificate. We provide the fee upfront before we begin.
Frequently asked questions about independent legal advice
Related services
- BFA drafting Need your own BFA drafted instead.
- Prenuptial agreements
- Property consent orders Court-approved alternative.
- Will and power of attorney Update your estate plan alongside a BFA.
The information on this page is general in nature and does not constitute legal advice. For advice specific to your circumstances, please contact us directly.