How Independent Legal Advice Works
One of the most important — and most misunderstood — requirements for a valid BFA in Australia.
Why each partner needs their own lawyer
The Family Law Act 1975 requires each partner to receive independent legal advice before signing a Binding Financial Agreement. The word "independent" is doing important work here — it means each partner must have their own separate solicitor.
The same lawyer cannot advise both partners. This is not a technicality. It exists because the interests of the two parties in a financial agreement may not be perfectly aligned, and each person deserves advice that is focused entirely on their situation and their interests.
What the lawyer actually does
The solicitor's role in this process is specific. They must:
• Review the agreement on behalf of their client • Explain its effect — what the client is agreeing to • Advise on the advantages and disadvantages of the agreement for that client specifically • Answer the client's questions • Confirm that the client understands and is signing voluntarily
This is genuine legal advice about a specific document, not a rubber stamp. A lawyer who meets with a client for five minutes and signs a certificate without a real discussion is not fulfilling the legal requirement — and agreements have been challenged on exactly this basis.
The certificate of independent legal advice
After the advice session, the solicitor signs a certificate confirming they gave independent legal advice. The certificate also confirms that the solicitor was not acting for the other party.
This certificate must be attached to the final BFA. Without it — for each partner — the agreement is not binding under the Family Law Act.
The certificate is not a formality to be obtained after the fact. It must reflect genuine advice given before the agreement is signed.
What happens at Prenuply
Prenuply coordinates the independent legal advice step through its panel of experienced family lawyers.
After both partners complete the financial disclosure questionnaire and the disclosure documents are prepared, each partner selects their own lawyer from the Prenuply panel. The lawyers are assigned to separate partners — they do not advise the same couple.
Each partner has a consultation with their lawyer. The lawyer reviews the agreement and disclosure materials, explains the effect of the agreement, and answers the client's questions. Once both lawyers have provided advice and signed their certificates, the agreement can be executed.
The fixed fee for each lawyer is $999 + GST, paid directly to the lawyer.
Can we use our own lawyers?
Yes. If either or both partners prefer to use their own solicitor rather than a Prenuply panel lawyer, that is entirely appropriate. The Prenuply platform organises your financial disclosure into a clear format that can be shared with any solicitor.
If you use your own lawyer, their fees and process will be separate from Prenuply's fixed fee structure. Prenuply's $999 + GST fixed lawyer fee applies only to panel lawyers.