Get expert advice on navigating your divorce with ease and confidence.
Divorce can be a difficult experience, which is why working with experienced divorce lawyers Sunshine Coast can make the process easier to manage. What you need are dependable legal services. As a leading family law firm, we can provide the legal support you need. Our experienced team has spent over a decade working with hundreds of clients to work through their legal complexities. Our assistance goes beyond divorce. We can help with child support and property matters, as well as parenting arrangements. If you’re seeking legal representation, you’ll want the best advocate possible. That’s where we come in.
"Divorce is difficult whether you break up consciously, fight over every detail, or experience domestic violence."
Dealing with a stressful family matter, whether it’s a recent separation, child custody dispute, property settlement, domestic violence, or filing for divorce, can feel overwhelming. You might be unsure of where to start or have concerns about upcoming court appearances. We’re here to support you through each step of the process.
Are you struggling with the stress of family law issues? Our legal practice is here to support you through each step of the legal process. We’re here to provide practical advice to support you with your legal needs with holistic solutions.
Divorce applications
Divorce eligibility consultation
Joint application divorce
Sole application divorce
Child custody
Child support agreement
Parenting agreements
Property Settlement
The divorce process can be a trying time. Like all family law matters, a divorce application falls under the jurisdiction of the Federal Circuit and Family Court of Australia.
Before 1 September 2021, family law in Australia was handled by two separate courts. These were the Federal Circuit Court and the Family Court of Australia.
Australia operates under a no-fault divorce system. That means the reason for the divorce is irrelevant. All that matters is that the parties involved are seeking one. The good news is that you don’t have to walk this journey alone. Shanahan Family Law has many years of experience to back you with. No case is too complex for us to help you get a fair outcome.
You or your partner is an Australian citizen and is currently legally residing in Australia.
At least one party considers the marriage broken down, sometimes because of domestic violence, with no reasonable likelihood of reconciliation.
If you have been legally married for less than two years, you must also get a counselling certificate showing you attended counselling.
If you can’t find your marriage certificate, you can get a replacement from the Queensland Registry of Births, Deaths, Marriages and Divorces for a fee;
If you were married overseas and your marriage certificate is in another language, have the certificate translated and attached to an Affidavit of Translation of Marriage Certificate from an accredited translator.
Image: FCFCOA
You may apply for a joint application divorce or as a sole applicant.
The simplest method is to apply online through the Commonwealth Court Portal. Once registered, you can begin an ‘application for divorce’.
Print the application once you have completed all the questions. Both spouses should look over the application. If they’re happy with it, both should sign the Affidavit for eFiling (Divorce). A lawyer or Justice of the Peace must witness both signatures.
You can then upload the Affidavit to the Commonwealth Courts Portal to get the ball rolling. The filing fee is $1125. If you can prove financial hardship or possess a relevant concession card, you may be eligible for a reduced fee of $375.
If you have any uncertainties, our Sunshine Coast family lawyers are here. We’ll make sure that the application goes through without a hitch. Any delays can cost you filing and legal fees, and more stress.
The Court will review your application and set a date for a divorce hearing. On this date, the court will:
Grant the divorce order.
For more information on how to file for divorce online, you can refer to our guide [Steps when filing a divorce online.]
You’re generally not required to attend a divorce hearing unless you have indicated your intention to appear on your application, but divorce lawyers Sunshine Coast can still help you prepare and understand the process.
Once the court has granted the divorce, it will take effect one month and one day after the hearing date. You can download the divorce order from the Commonwealth Court Portal. The order is digitally signed and sealed and is the only official record the court issues certifying your divorce.
As with anything related to family law, there are nuances, and everyone’s circumstances are different. It’s usually easiest to apply for divorce jointly. But there can always be complications. Our legal team can help you avoid common pitfalls and get the process done quickly.
As a sole applicant, you must serve them with the divorce papers.
You don’t need to attend a divorce hearing unless you have children under 18 years of age.
Taking care of children after a divorce is one of the most important matters that needs attending to. The highest priority in parenting arrangements is the child’s best interests. That is what guides the Court when looking at applications for consent orders or parenting orders.
Our law firm has helped clients manage complex children’s issues. We understand the nuances that go into jurisdictional matters and will work with clients to get the best possible outcome for their family.
As divorce lawyers, child welfare issues are our highest priority when serving as your family solicitor. You and your spouse will be responsible for various parenting matters regarding the maintenance of dependent children.
Child support is a monetary payment made by one or both parents to the other to offer financial support for the upbringing of a child’s health and wellbeing.
Some parents, forgetting that child support payments exist to help their children’s health and wellbeing, spend the money on themselves instead. We can work with parents to ensure that children’s matters are resolved with positive outcomes.
Child support can vary greatly. Services Australia has 5 levels of care:
You may agree with the other person or people caring for the child about what percentage each of you provides. If not, Services Australia will make that determination for you.
You can collect child support payments in one of two ways:
Private Collect allows parents to make support payments directly to each other. This method only works for parties that don’t need much help agreeing to a plan. In Child Support Collect, Services Australia will collect payments on your behalf. This option is better if it’s difficult for you to communicate with your former spouse about child support or you’re concerned payments won’t be on time or paid in full.
To form a limited agreement, you must:
To make a binding agreement:
Get expert advice on navigating your child custody with ease and confidence.
Parenting agreements set out how children will be cared for after a divorce. While there are no fixed rules dictating how to organise parenting arrangements, it’s best if parents can find an agreement. It is often helpful to write down the terms in a parenting plan.
You can set up a parenting plan however you feel is best. Once completed, both parents should sign and date the contract. In some cases, it might be advisable to have the signatures witnessed by a third party.
How to handle their education;
The above list is far from exhaustive, and no detail is too small if you consider it appropriate. It’s also important to keep in mind what your child wants. Parenting plans are helpful. But they’re not legally binding.
If you want to make a parenting agreement legally enforceable, seek a consent order. Consent orders are legally recognised, and breaking them is an offence that will result in legal consequences. If you intend to make an application for a consent order, it is best to find expert legal advice.
If you and your ex-spouse cannot agree, you can request parenting orders as a last resort. The Family Law Act 1975 contains guidelines governing what the court considers when creating a parenting order.
You must file a consent order with the courts through either:
A Sunshine Coast family law specialist; or
Via the courts portal at https://comcourts.gov.au.
Maintaining a meaningful relationship between the child and both parents;
If you search ‘Divorce lawyers near me’ on Google, then Shanahan Family law might be able to help. Book a Parenting Orders consultation and get your family law matter back on track.
The equitable division of relationship assets as part of a property settlement, including how to handle debt, is a necessary process. But what counts as an asset?
Relationship assets can include:
All assets, whether the parties own them jointly or individually, are considered part of the relationship’s asset pool. Assets the parties brought into the relationship are pooled as well. It’s even the case that assets obtained after separation count at the court’s discretion.
With the rising cost of living and surging Sunshine Coast home prices, it’s more vital than ever to ensure you get your full entitlement.
Sunshine Coast Principal Luke Shanahan works to bring justice to all parties involved.
A property settlement can be made informally without the oversight of a family lawyer if you can agree with your former spouse on the terms of the property division. However, you will have no recourse to protection from the court if the other party declines to follow the agreement, which is why many people turn to divorce lawyers Sunshine Coast for guidance.
Outside of an informal arrangement, there are two methods for settling property matters if you agree: consent orders and binding financial agreements.
Consent orders turn property settlements into legally binding contracts under family law. They can cover all aspects of a financial order, such as the division of property and superannuation splitting.
You can seek family law consent orders jointly through a family lawyer without needing either party to attend court.
Before the court accepts your consent order, it must be sure that it is fair and just. Otherwise, it might not grant it.
You must apply for a consent order within a year of a divorce or two years from the breakdown of a de facto relationship.
Both parties agree to a property settlement when entering into a financial agreement. There is no requirement for a financial agreement to be fair, and neither spouse needs to attend family law court. However, you must meet two more criteria before it is considered binding:
Both parties must get a certificate showing they have received legal counsel.
Assess the future needs of both spouses. This step may consider:
Even a joint divorce application can be daunting, let alone when you’re considering filing for a divorce online. Perhaps you have questions about submitting your application to the Court, or you aren’t sure where to start. We’re here to help guide you through the process.
As principal solicitor of Shanahan Family Law in Maroochydore, Luke Shanahan is a reliable and experienced Sunshine Coast family law expert, offering compassionate support to people and families experiencing the most difficult circumstances through a divorce or separation. Whether you’re seeking help with child support, parenting matters, divorce, property consent orders, financial agreements, domestic violence, joint applications for divorce, or the preparation of DIY affidavits and consent orders, Luke can help.
As sad as it is to see couples and families split, he feels privileged to be able to help his clients find a better life through their family law services. “I believe we all deserve a second chance at finding a better life, and if this is through a divorce, then we will do everything we can to ensure our client’s success through whatever means.”
Embarking on the path of divorce can be overwhelming, but you don’t have to face it alone. Shanahan Family Law offers compassionate, expert legal advice to guide you through every step. From property settlements to child custody, our dedicated team ensures your rights are protected, and the process is as smooth as possible. Secure peace of mind and a fair outcome with our trusted divorce lawyers. Start your journey to a new chapter today.
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