What Is Independent Legal Advice?
Independent Legal Advice means that you’ve received legal guidance from a lawyer who:
- Is acting solely in your best interests
- Is not involved with the other parties to the agreement
- Has no conflict of interest
This lawyer will carefully explain the document you're signing, including:
- Your legal rights
- Your risks and obligations
- Any legal consequences or red flags
- Other options that may be available
If required, they’ll also provide a signed Certificate of Advice, often needed to make the document enforceable in court or by banks.
When Is Independent Legal Advice Legally Required?
There are several situations where ILA is either mandatory or strongly recommended in Australia:
- Binding Financial Agreements (BFAs): Also known as prenups or separation agreements — both parties must get ILA for the agreement to be valid.
- Loan Guarantees or Personal Guarantees: Banks and lenders often require guarantors to obtain ILA, especially when securing loans for someone else.
- Commercial Agreements & Settlement Deeds: Complex documents with long-term consequences (e.g. share sales, termination deeds) often include ILA clauses for legal protection.
- Deeds of Release, Indemnity, or Waiver: Any document where you're giving up rights or releasing liability should be reviewed independently.
Why Is Independent Legal Advice Important?
- Legal Protection: If you weren’t advised independently, courts may later invalidate the agreement.
- Peace of Mind: You’ll know exactly what you’re agreeing to — and what could go wrong.
- Proof of Understanding: A signed certificate shows you entered the agreement freely and with full knowledge.
- Risk Prevention: A lawyer might spot terms that expose you financially or legally.
You can’t “undo” a signed contract. That’s why advice beforehand is so important.
What Happens During an ILA Appointment?
- Share Your Documents: Upload or email the agreement or draft you’ve been asked to sign.
- Review & Consultation: We read the document, then meet with you (in-person or via Zoom) to explain your rights, obligations, and risks.
- Answer Your Questions: We clarify anything you're unsure about and offer strategic advice if needed.
- Issue Certificate: If all’s in order and you're happy to proceed, we issue the Independent Legal Advice Certificate required by the other party.
How Long Does It Take?
- Standard turnaround: 2–3 business days
- Urgent ILA: Often available same-day (subject to availability)
- All appointments can be done securely via Zoom
What Does It Cost?
| ILA Service Type | Starting From |
|---|---|
| Binding Financial Agreement | $495 +GST |
| Loan or Guarantee ILA | $395 +GST |
| Urgent / Same-Day ILA | $495–$595 +GST |
| Commercial Document ILA | Custom Quote |
Your full fee will be confirmed upfront. No hidden charges.
Need ILA Fast? Book with Atlas Lawyers
- Fixed-fee pricing
- Zoom or in-person appointments
- Fast turnaround
- Certificate issued after advice
- Fully lawyer-led process
Book Independent Legal Advice Now | Upload Your Document for a Fast Quote