Committed Family Lawyers Helping you Find Peace of Mind with Personalised Legal Support

We are serious when we say we care, listen, and get results. I’m not sure we would use the words’ best Family Lawyers’; instead, we think of Shanahan Family Law as an experienced family law firm with proven results. A team of family law specialists. We don’t take your circumstances for granted and genuinely care for every client who partners with us. We care because we genuinely believe in supporting you in finding a better life through our range of family law services. We use active listening, where we hear your words and understand your complete message.

We always encourage staying away from the courts where possible at Shanahan Family Law. Utilising mediation instead of the family court system can save you thousands in lawyers’ and hearing expenses, not to mention the emotional toll. However, sometimes avoiding court may not be feasible. When domestic violence factors into your circumstances or communication has completely broken down between both parties, it may be best to seek legal help under the Family Law Act.

If it is for divorce, The Federal Circuit and Family Court of Australia explain it well here, as you will have to attend in some capacity. If you are experiencing a different problem, Family Relationships Australia talks more about broader family law matters and attending Court. Read more here. Following the COVID-19 pandemic, in many cases, if you are required to attend Court, you will do so via a Microsoft Teams video link.

Any married couple seeking a divorce must prove they separated over a year beforehand. Separation doesn’t require couples to live physically apart as long as they can satisfy the Court that they were “separated under one roof”.

The divorce order is effective one month and one day after the Court grants the divorce. In certain circumstances, you may apply for a special order to shorten that time.

If done efficiently, the entire process for an uncontested divorce will be several months. However, a divorce could take over a year if your spouse contests the divorce in Court. The process can also extend if you have trouble locating your former partner.

You must separate a minimum of 12 months before applying for a divorce. When circumstances don’t permit one spouse to move out of the marital home, you may continue cohabiting if you can prove “separation under one roof”. You can satisfy the Court with evidence that you are no longer associating with each other sexually, domestically, or socially. Evidence may include sleeping in separate bedrooms and maintaining different social circles.

The law allows you to reconcile for a time during the separation. For couples who get back together for no longer than three months and separate again, your separation period resumes where it left off. However, if your reconciliation lasts longer than three months, the 12-month separation requirement will reset.