Divorce Services in Maroochydore
"And rock bottom became the solid foundation on which I rebuilt my life."
- J.K. Rowling​
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Divorce Application Help in Caloundra
Ferrall & Co. Lawyers provides practical divorce services in Caloundra and across the Sunshine Coast. We assist with divorce applications, eligibility questions, sole and joint applications, separation under one roof, serving documents, and understanding the next steps.
Divorce Services on the Sunshine Coast
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
A divorce lawyer consultation can help you understand the application process and identify any related parenting, property, or financial matters that may require separate advice.
Legal Process
Follow these 4 steps to a successful divorce application
The divorce process can be a trying time. Like all family legal matters, an application falls under the jurisdiction of the Federal Circuit and Family Court of Australia.
Before 1 September 2021, family legal 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.
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 2022
1.9 per 1,000 persons is the crude divorce rate.
In 2020, the number in Australia increased 1.9% to 49,510
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.
Sole application
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.
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.
Protecting children's future
Child support matters
As 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.
What is the correct child support I should pay?
Child support levels of care
Child support can vary greatly. Services Australia has 5 levels of care:
- below regular care
- regular care
- shared care
- primary care
- more than primary 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.
- Teachers
- Doctors
- Police
- Lawyers
How should I pay child support?
Payment method
You can collect child support payments in one of two ways:
- Private Collect
- Child Support Collect
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.
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.
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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.
Our team can assist with Assets and Debts
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?
Related Family Law Services
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. 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 the 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?
Can you help with a divorce application?
Can I apply for divorce if we are still living together?
Can you assist with divorce applications on the Sunshine Coast?
Meet The Owner
Luke Shanahan​
Principal Solicitor​
As principal solicitor of Shanahan Family Law in Maroochydore, Luke Shanahan is 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 services. “I believe we all deserve a second chance at finding a better life, and if this is through a divorce.
Testimonials
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Get advice on navigating your divorce with ease and confidence.
