Divorce Services in Maroochydore
Shanahan Family Law helps people in Maroochydore and across the Sunshine Coast apply for divorce. We check if you are eligible, prepare a sole or joint application, and guide you through every step until your divorce is finalised. We have supported more than 4,000 clients since 2009.
"And rock bottom became the solid foundation on which I rebuilt my life."
- J.K. Rowling​
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Family Legal Services for Divorce
As a Sunshine Coast family law firm, we can provide the legal support you need. Our team has spent over a decade working with hundreds of clients to work through their legal complexities. We can help with child support and property matters, as well as parenting arrangements. If you’re seeking legal representation.
Our Services
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.
Applications
Eligibility consultation
Joint application
Sole application
Child custody
Child support agreement
Parenting agreements
Property Settlement
Legal Process
Follow these 4 steps to a successful divorce application
The divorce process can be a trying time. Like all family law matters, an 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 it 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.Â
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.
Marriage Certificate
Be able to produce your marriage certificate.
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 or as a sole applicant.
Marriage and Divorce Statistics 2024
ABS data shows divorces granted in Australia fell for a second year in a row.
2.1 per 1,000 people is the crude divorce rate in 2024, according to the Australian Bureau of Statistics.
In 2024, 47,216 divorces were granted in Australia, 3.0% fewer than in 2023, according to the Australian Bureau of Statistics.
Filing application
Joint application
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. 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. Filing fees apply, with a reduced fee available if you can show financial hardship or hold a relevant concession card. Current amounts are available on the Federal Circuit and Family Court of Australia’s fee schedule.
If you have any uncertainties, our divorce service lawyers are here. We can help you prepare the application correctly. 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.]
Joint application
You’re generally not required to attend a hearing unless you have indicated your intention to appear on your application, but lawyers can still help you prepare and understand the process.
Once the court has granted this, it will take effect one month and one day after the hearing date. You can download the 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 understand each step of the process.
Sole application
Family law matters
As a sole applicant, you must serve them with the papers.
You don’t need to attend a hearing unless you have children under 18 years of age.
Children and Family Law
Taking care of children after a separation or 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 possible outcome for their family.
Two ways to structure a child support agency agreement
1. Limited Child Support Agreement
To form a limited agreement, you must:
- Receive an administrative assessment from the Services Australia;
- Agree to an amount equal to or greater than that set out in the assessment.
Receive an administrative assessment from the Services Australia;
2. Binding Child Support Agreement
To make a binding agreement:
- Both parents must seek independent legal advice on the pros and cons of the contract;
- Both parents must receive a certificate from their family lawyer showing they received legal advice;
- The certificates must be attached to the contract.
Parenting Agreements
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.
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;
Parenting Plan Steps
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 legal advice.
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Parenting Orders
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.
Commonwealth Courts Portal
You must file a consent order with the courts through either:
a family lawyer; or
Via the courts portal at https://comcourts.gov.au.
Book a Parenting Orders consultation and get your family law matter back on track.
Relationship Assets
Relationship assets can include:
- Real estate
- Personal effects
- Cash
- Superannuation
- Shares and other investments
- Vehicles
- Debts such as mortgages and loans
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 understand how the law applies to your circumstances.
Property Settlement
A property settlement can be made informally without the oversight of a 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 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
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.
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.
Financial Agreements
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 receive independent legal advice regarding how the financial agreements affect their interests;
Both parties must get a certificate showing they have received legal counsel.
What might be the Four Step Court Process
If court is required to make an order dividing property on behalf of the parties, it will do so through a four-step process:
Assess the current and future circumstances of both spouses. This step may consider:
- Future earning capacity; Whether one partner is taking primary responsibility for children under 18;
- The impact of any medical issues;
- Any other relevant matters
Frequently asked questions
What divorce services do you provide?
Shanahan Family Law assists clients in Maroochydore and across the Sunshine Coast with a range of divorce matters. This can include checking whether you are eligible to apply for divorce, preparing sole or joint applications, dealing with separation under one roof, serving divorce documents, and helping with applications where a former spouse may be difficult to locate.
We can also explain court hearing requirements and what happens once a divorce order becomes final. Divorce is separate from issues such as parenting arrangements, child support and property settlement, so we can also help you understand whether those matters require separate legal advice.
Can you help with a divorce application?
Yes. We can assist with preparing and filing a divorce application and help you understand the steps involved from start to finish.
We can advise whether a sole or joint application may be appropriate, what supporting documents may be required, whether you need to attend a court hearing, and what to expect after the divorce order is made.
Can I apply for divorce if we are still living together?
Yes. In some circumstances, you may still be able to apply for divorce if you and your former spouse have remained living under the same roof after separation.
You will generally need to show that you were separated despite continuing to share a residence. This may require additional evidence about changes to your relationship, living arrangements and finances. Shanahan Family Law can help you understand the evidence that may be required for your circumstances.
Can you assist with divorce applications on the Sunshine Coast?
Yes. We assist clients with divorce applications in Maroochydore and throughout the Sunshine Coast.
We can guide you through eligibility, preparing and filing the application, serving documents where required, responding to court requirements and understanding the next steps once your divorce becomes final.
Meet The Owner
Luke Shanahan​
Principal Solicitor​
As principal solicitor of Shanahan Family Law in Maroochydore, Luke Shanahan is a reliable and family law, 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.
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