Legal Question in Family Law in California

The Australian lawyer will moly be able to review fronAustealian law. You should both get attorneys in Caliginia.

Since you will be relying on California law, it's wise to choose a California attorney to review this document and determine your legal options.

An Australian attorney is not going to satisfy the requirement that you both have the opportunity to consult with an attorney prior to signing. For a California prenuptial to be valid, you must either both consult with California attorneys, or waive that requirement in writing.

Mr. Roach gives a very good answer. I would also add that the limitations on law practice are geographical first and competency second. As long as I am in California, I can advise on any law I like. Being admitted to the California Bar, I can also advise on California law in most (but not all) places. I can do it anywhere in the U.S. because of reciprocal laws. However, in Japan for example I would have to qualify as a foreign law consultant before I advised even on California law there. Then there is the second element, which is competence. I am not familiar with AU law and rules on lawyer competence, but I would guess they are quite similar to here. Even though I would not be guilty of unlicensed practice of AU law if I advised on AU law in California, I would be violating the rules against practicing in an area of the law I am not competent in. So although you have the legal right to consult with an AU lawyer instead of a CA lawyer, you are unlikely to find one who would be willing to do it because of the competency requirements, and absent that qualification, Mr. Roach's comment about the pre-nup being invalid comes into play.