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Understand the basics of family law before you hire a Sunshine Coast lawyer
There are plenty of choices when it comes to selecting a family lawyer. We want to help you understand some of the key differences you need to think about before hiring a lawyer. Before we do let’s first clarify exactly what is Australian family law.
What is Australian family law?
Local Sunshine Coast Family Law Explained
Family law is the legal framework or legal practice area that focuses on legal family law issues about family relationships, such as divorce, child support, property settlement, domestic violence and financial agreements. Lawyers that practice family law can represent their clients in family court proceedings as well as in negotiations between parties. An element of Family Law includes Family Violence such as facing or taking out a domestic violence protection order. The Australian Family Law is found on the federal Family Law Act 1975 and the Federal Circuit and Family Court of Australia. The law was substantially changed in 1975 which introduced several new laws. Before 1975, you were only able to proceed with a divorce if you could prove the other party was at fault as a consequence of the breakdown. Since the passing of the Family Law Act in 1975, no-fault divorce has been introduced. When considering divorce the law does not consider the reasons your marriage has ended, and you do not have to prove yourself. Instead, the only grounds for divorce is that the marriage has broken down and there is no reasonable chance the marriage can be reconciled.
Family Lawyer courts Sunshine Coast
Locations Maroochydore and Caloundra
On the Sunshine Coast, they are based in Maroochydore and Caloundra and Brisbane at the Harry Gibbs Commonwealth Law Court. It is important to note the location of the family court as it’s not advisable to have your lawyers or Barrister located far away – it may cost you extra for their time to attend in person. The courts were created to decide on family matters such as custody of children and have evolved to hear all cases related to family and domestic relationships, from grandparents wanting to see their grandchildren to how relationship property is shared between parties filing for divorce. Application for protection orders is heard in the Magistrates House which is located in Maroochydore and Caloundra.
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What does a Family lawyer do?
The role of Sunshine Coast Family Law solicitors
A family lawyer is an admitted solicitor that helps family members navigate the legal problems they may encounter, from married or de-facto parties looking at separating and amicably settling their property settlement affairs with consent orders or binding financial agreements, a minor seeking a guardianship order or formalising child support arrangements. They will draft all the important legal documents such as court applications, affidavits, parenting plans and property orders. Some family lawyers specialise in specific areas of family law like adoption, paternity, guardianship, or other matters not usually related to divorce.
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5 Key tips for choosing the best family lawyer
Do this before you engage a Sunshine Coast Solicitor
1. Relationship Compatibility
1. Relationship Compatibility
2. Finding The Best Sunshine Coast Family Lawyers
2. Finding The Best Sunshine Coast Family Lawyers
3. Family Lawyers Being Addicted to Court
3. Family Lawyers Being Addicted to Court
4. How can I save Costs?
4. How can I save Costs?
5. Navigating stressful Law Cases
5. Navigating stressful Law Cases
Top 3 frequently asked questions about family law
Family Lawyer sunshine coast
Useful Legal Family Law Matter Terms
Lawyer Sunshine Coast
Guardianship
This describes a child (or an adult in tandem with a child) seeking an order from the state to place the welfare and care of the child with someone other than the child’s parents. This can also be achieved with a legal parenting order.
Property consent order
This covers not only a house or land but also superannuation, property settlements, and spousal maintenance. A consent order is a written, court-approved agreement that, when stamped by the court, obliges the parties to follow the terms stated in the document. A legal practitioner is pivotal in guiding this, though there are options for you to handle this on your own. Download property consent order form
Spousal maintenance
Spousal maintenance or support is a financial amount payable by the other party from a marriage that earns a higher income than the other husband or wife (or ex-husband or wife). Spousal maintenance or support can sometimes cause a lot of friction and disharmony between the two parties. It is important to remember that spousal maintenance is not there for the ex-spouse but it is there for the children. It is
De facto relationship
Parenting arrangements cover all the child care for your children's matters. A consent order is a written court-approved agreement that when stamped by the court obliges the parties to follow the terms stated in the document. A consent order can include both parenting and property arrangements. A parenting plan differs from a parenting consent order as it is a written private arrangement between parents which is not a court-enforceable document.You can read more about de facto divorce here.
Parenting consent order
Parenting arrangements cover all the child care for your children's matters. A consent order is a written, court-approved agreement that, when stamped by the court, obliges the parties to follow the terms stated in the document. A consent order can include both parenting and property arrangements. A parenting plan differs from a parenting consent order in that it is a written private arrangement between parents that is not a court-enforceable document.
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Family Lawyer sunshine coast
Family law experts providing premium services with no exorbitant fees. A decade of experience in resolving family law divorce, domestic violence, child custody, financial agreements and property settlement matters. We always encourage negotiations. We’ll work to ensure the preservation of valuable assets. We give you advice on parenting and child abuse issues. We have a goal of supporting YOU.
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Family Law Frequently Asked Questions
What Shanahan Family Law customers are asking?
To help you understand more about your circumstances Shanahan Family Law have created some of the most common questions with these FAQ’s?
This will depend on the lawyer that you decide to hire. Some lawyers charge by the hour, while others offer capped-rate services. Prices in Queensland can vary from a cheap $100 per hour to a seasoned, skilled lawyer charging $450 per hour or more. Before you consider hiring a lawyer to represent you, you should ask them how much they charge, and if they charge by the hour or offer a set fee for the services you require. You should feel comfortable asking questions about pricing. If you do not, it’s likely because the lawyer you’re asking isn’t comfortable either. You’ll have to ask the question, “Why is this the case?” Be direct and take your emotions out of it. Feel comfortable in the whole process and ask plenty of questions.
Try thinking differently and don’t focus too much on price. Ask yourself this question: which lawyer will produce results like we have with a 98% success rate? Another point to remember is that a skilled lawyer is more likely to save you money than have you spend more. You’re obviously doing your research by reading our FAQ’s, and reading some of our legal resources will help you make an informed decision.
An experienced Sunshine Coast family lawyer brings with them not only a wealth of legal knowledge but also compassion and practical understanding. You need someone who will listen to you, take into account your needs as well as those of others, for your situation at hand, whether that would be a financial property settlement matter, domestic violence ordeal or an emotional parenting ordeal involving a child support matter.
Sunshine Coast Family Lawyers
Maroochydore Office
Our family law solicitors Sunshine Coast have many years of experience in dealing with all sorts of matters: divorce proceedings or applications and financial property settlements. We are an experienced team of family lawyers who can help negotiate terms between co-parents, all the while having a good understanding of Australian family law matters.
As leading Sunshine Coast-based family lawyers, we understand it is important that you find a solution that works best for your circumstances. By contacting a professional that has the skills and compassion to support you through your parenting, children’s matters or divorce ordeals, you increase your chances of a successful outcome.
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Shanahan Family Law listens, cares and gets results
We believe in caring and listening to our clients and have had a 98% success rate since 2009 for over 4,000 clients. We have made it our hallmark to be different and believe that our clients should not have to just “get through” their legal issues – they should move past them in a dignified and satisfied manner.