Case Note: Adame v Adame  FCCA 42
This was a case where there was no certificate signed by a legal practitioner that gave the wife independent legal advice on the financial agreement as required by s 90G(1) of the Family Law Act 1975.
The absence of a signed statement by the legal practitioner who gave advice means one of the critical requirements of s 90G(1) is missing.
The Courts found that the financial agreement was not, for that reason, binding on the parties and was set aside.
It is important if you are the recipient of a Binding Financial Agreement, prior to signing the BFA, have the document considered by a legal practitioner. Good practice is for a legal practitioner to provide you with written legal advice regarding the BFA, so that you are aware of your legal obligations, consequences and rights, should a BFA be initiated. A certificate of independent legal advice issued by the legal practitioner needs to be obtained by you to ensure that the BFA is complied with.