People entering into or ending relationships commonly require a relationship property agreement (which includes pre-nups and separation agreements). These agreements allow couples to decide how their property will be shared between them as partners either during or after their relationship, meaning they don’t have to rely on the general legal position, which usually stipulates that debts and assets are owned and split 50:50. These agreements are often also called “contracting out agreements” because the point is that couples (whether they be married, in a civil union, or de facto) can “contract out” of the relevant law (the Property (Relationships) Act) to provide their own rules for their own property.

Contracting out agreements need to meet certain requirements to be legally binding. For instance, they can only deal with property (not, for example, children), they must be in writing, and each party must receive independent legal advice prior to signing. In addition, a lawyer needs to certify that they have explained the agreement’s effects and implications to their client before that client signs the agreement. Rechtwise Liberty is a relatively new service that allows the parties to craft their own agreement, receive independent legal advice, and certify their agreement entirely online.

How does it work?
Once the parties have drafted their agreement from the template provided, Rechtwise Liberty reviews the document and checks it for any inconsistencies or issues; the Rechtwise Liberty team can also answer initial questions on the agreement or how it operates. At this stage, the team helps people sort out how they can deal with property, giving guidance on things like whether the agreement can cover offshore property or whether it can interact with a family trust. By addressing these questions early, Rechtwise Liberty makes sure that the agreement suits the couple’s circumstances.

The next step is advice and certification. At this stage, each party engages (through Rechtwise Liberty) an independent expert lawyer. The lawyer’s job is the same in a Rechtwise Liberty setting as it is outside: the lawyer considers the agreement, makes any changes required to appropriately address the client’s position, and gives advice on what the agreement provides and how the agreement is different from the ordinary legal position. Having received that advice, there may be further questions or changes to the agreement.

Once the agreement has been confirmed by all parties and both sides have been given independent advice, they proceed to the online certification step. We do this online using an online video and document signing platform that allows for the encryption of each party’s signature and the recording and photographing of the signing process.

Benefits
The benefits of the Rechtwise Liberty service to clients are many: Rechtwise Liberty provides a template agreement that is then tailored to the couple’s situation; Rechtwise Liberty engages independent lawyers from their panel of experts; there is no need to visit a lawyer’s office (all communications are generally by email, phone, or video conference); and the fees are payable upfront, so there are no hidden costs.

Many clients don’t know where to start when it comes to engaging a lawyer, and having to attend meetings at a lawyer’s office for an unknown cost can be inconvenient and stressful. The consistent feedback I receive from my Rechtwise Liberty clients is that they are impressed by how assistive and easy Rechtwise Liberty makes the process and how convenient it is to do it all remotely. In my view, the easier and more cost-effective we can make it for people to access legal services, the better, and my work for Rechtwise Liberty feels like one step I can take in this right direction.