I live in australia, what are the laws on emancipation ? and can i get a lease on house?, i am 16. thnx?
I still live at home, but in order to get out of here i need to be able to sign a legally binding contract for a house lease, which i don’t think i can do at 16 yrs old, can i ? so yeah anyone kno the ozzie laws on emancipation or a website i can go to, to have a look at ? Thanks
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Tags: Australia, Binding Contract, Emancipation
lease property | , 7 Jan 10
By Lov4nzyx2, January 8, 2010 @ 5:23 am
Nope, in Australia you cannot sign a legally binding contract until you are 18 years old. If you were to become emancipated through the courts (which your parents would have to conset to or you would have to meet the requirements of the court) then you would be considered a “legal” adult and would be able to sign a lease. Do you really even have a reasonable means of supporting yourself at 16??
By Bubs Mom, January 10, 2010 @ 2:14 am
Your right – you are too young to enter into a legally binding contract. A real estate agent would not even consider showing you a house.
By kheperure, January 11, 2010 @ 10:51 pm
The other answers are incorrect.
The basic legal position is that as a minor you will be bound to contracts which are for your benefit, or are necessaries for your position in life. These include contracts of apprenticeship, or for housing.
However in many states the position has been modified by parliament. In NSW for example, it is a lot easier for minors, as the law simply says that beneficial contracts will be presumptively binding on minors.
In NSW there is also a procedure under law which you can apply to the Supreme Court for a declaration that you have full capacity to enter into contracts or classes of contracts. This is a bit complicated and you might need to get a lawyer, or perhaps someone from a community legal centre to help you. This is fairly rare to my knowledge.
As a practical matter the rental market is fairly tight in most capital cities in Australia, and not many agents will take the time to consider a 16 year old. I think it is far likelier that you may be able to get into a boarding house or a private room, not to mention much cheaper.