As the year draws to a close, it’s a time for reflection, especially for our family law clients involved in ongoing family law matters and
Family Lawyer Sunshine Coast
Family business practising since 2008
Shanahan Family Law is a Sunshine Coast law firm established by Luke Shanahan after working for one of Queensland’s longest-running firms for approximately ten years. Before starting Shanahan Family Law, Luke was a family law partner. He was responsible for that firm’s insurance and injury compensation law department. If you need an experienced, friendly family lawyer that will help you with your family law issues, you are in good hands with Luke and his family law Sunshine Coast staff, who strive for a high level of quality.
Shanahan Family Law Sunshine Coast
Do you require support from Sunshine Coast Family Lawyers?
Relationship breaks are hard enough without worrying about family law disputes as well. Are you dealing with a stressful and complex family law matter that involves a recent divorce or separation, parenting dispute, property settlement, or court appearances? Our family law solicitors can help with practical advice.
Seek holistic solutions with your family lawyer
Divorce is more than ending a marriage. You will deal with many attendant legal issues during the process. We have the best family law lawyers to work with you through them all.
Rights in Property Settlements
It would be best for you to approach property settlements with care so you receive your full entitlements. Remember, non-financial contributions to a marriage are relevant. You would have a claim to the marital asset pool even if you didn’t contribute financially. The Court will evaluate factors like child rearing, home maintenance, and helping manage financial affairs to determine your contribution.
Securing your Settlement Legally
We recommend enshrining your settlement through consent orders or binding financial agreements. Talk to an accredited family law specialist before entering legally binding financial settlements.
Spouses may have different levels of financial capacity. Women may spend significant time out of the workforce to prioritise child-rearing. These circumstances mean they are often at a disadvantage during a divorce. Spousal maintenance is a way for the law to provide financial security for a financially vulnerable party.
Spousal maintenance is handled separately from property law settlements. Shanahan Family Law divorce lawyers can help you attain a financially secure future after divorce.
We recommend enshrining your property settlement through consent orders or binding financial agreements. Talk to a family law specialist before entering any legally binding financial arrangements.
De facto maintenance
You may also seek maintenance after de facto relationship breaks. To be eligible for de facto maintenance, you must meet one of the following criteria:
- You were in the relationship for over two years;
- You and your de facto partner had a child;
- You contributed significantly to the relationship, and the Court would consider it unjust not to provide maintenance;
- You registered the relationship with a state or territory.
Why parenting and child support are important
Divorce is particularly complicated when children are involved. Shanahan Family Law can help you when determining parenting matters. You can organise parenting arrangements through an informal parenting plan if your relationship remains civil. Parenting plans can take many different forms and contain whatever you deem appropriate. Generally, you should include as much detail as possible. While parenting plans are helpful, they aren't enforceable in Court, which may cause problems later.
Instead, getting expert legal advice on turning a parenting plan into a consent order is worth it. The Court has strict guidelines around the form and wording of consent orders. An experienced family lawyer can help ensure the Court accepts your plan.
You should always try to make parenting arrangements collaboratively, if possible. Before forcing the issue through the Court, try alternative dispute resolution processes like mediation first. The Court generally requires parenting order applicants to undergo mediation before it receives the application. You may find resolving your differences possible with a professional mediator's assistance. Your child's best interests are paramount, and children fair better during amicable divorce proceedings.
However, when you and your former partner cannot agree, you can appeal to the Court for a parenting order. Parenting orders will enforce the obligations of each parent based on what is fair and equitable and in the children's best interests.
You may also be entitled to child support payments if you take on primary care duties. The amount of child support you are entitled to involves three factors:
Both parents' income;
How much time each parent spends with the child;
The costs involved in child raising are relative to each parent's income.
On their website, you can view Services Australia's exact formula for your child support assessment.
We have extensive experience working with Services Australia, Australia's child support agency.
Why choose us?
Shanahan Family Lawyers
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Shanahan Family Law Sunshine Coast
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Client's Complimentary Feedback
Thank you from the bottom of my heart for the time and effort you went to yesterday to get a good result for the kids and I.
I went home and hugged them so tight and had capacity to listen intently to all their stories about their day and endless chatter about who knows what and I noticed a quiet inside me, that allowed a space for contentness.
You guys afforded me that. With all the hard work so far you have allowed for that space inside me, to be filled with happiness and safety. For hopes and dreams about our future.
I am really grateful that you kept pushing for us, well beyond the time frame that we were given and well beyond breakfast, lunch and almost dinner!
The kids and I have a more secure future thanks to you.
Client's Complimentary Feedback
Very professional, supportive and respectful in all communications and responsibilities. I found their team very patient when challenges occurred and kept me informed at all times. Highly recommend them for personal legal requirements.
Take a look at what our clients say
Family Law Frequently Asked Questions
What Shanahan Family Law customers are asking?
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.
Luke Shanahan, principal of Shanahan Family Law, is a passionate family lawyer. He understands the importance of building strong, enduring and lasting relationships. Luke is committed to ensuring that his clients receive the best legal advice while remaining accessible and responsive. Luke believes everyone deserves a second chance at a better life, and he aims to do this through his family law support services. Luke started practising in 2008. You can learn more about Luke Shanahan by clicking here.
Whether you require legal services or advice depends on your circumstances and if you have the confidence and skills to navigate the family law court system. A divorce lawyer is often the first person you think of when you are going through a divorce. They can represent you in a divorce, property consent orders, domestic violence, child custody, attendance in court, mediation, barrister support and a range of other family law matters. This comprehensive experience makes them uniquely qualified to represent you throughout the process. Hiring an experienced divorce lawyer in these matters, like a Shanahan Family Lawyer, will help ensure your protection throughout the process. They will increase your chances of obtaining the best possible outcome for you and your family.
Call our office and let our family law team help you understand or point you in the right direction. Our initial consultation will allow us to determine whether you require our services or not. Call the office, and we will happily discuss your family law matters in more detail. You can learn more about family law here.
The first thing to consider is if Australia recognises your marriage. Australia won’t recognise a marriage if:
Either party is married to more than one person;
One party is underage by Australian law;
One party entered the marriage under duress.
If the marriage is legally valid, you may seek legal advice for divorce in Australia if one party to the marriage has connections to Australia. A connection generally means being an Australian citizen or resident. If neither you nor your spouse is a citizen or permanent resident, you may still be eligible if you can prove you lived primarily in Australia for 12 months before filing for divorce.