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Don’t make these mistakes when taking Legal advice on divorce

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legal advice on divorce

When you’re going through legal proceedings, it’s important to have access to effective legal advice on divorce. Many clients are unsure what options are available for their legal rights. Some are concerned about the cost of professional assistance or a lack of availability in their area. Every Australian married couple or de facto couple can receive high-quality legal help, as long as they have the tools to assess that help. Asking the right questions will ensure that you get the assistance you need.

Key takeaways

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There are several ways to access independent legal aid or legal advice with non-financial contributions. Here are three common avenues that are available to everyone.

Community legal centres

Community centres such as the Sunshine Coast Legal Centre provide free access to crucial legal information and a family relationship advice line. Clients can also book appointments to speak with a volunteer lawyer for more personalised free legal advice on divorce or legal aid.

Legal Aid

Legal Aid Queensland is a crucial resource for people struggling with family law concerns. They provide legal aid and independent legal advice on divorce and a range of family law matters in certain cases, including family violence. Certain parties may qualify for low-cost legal representation, especially in cases involving children or family violence. The Family Relationship Advice Line (1800 050 321) is another valuable asset that assists parties working through disputes with an ex-partner.

Private law firm

A private family law firm will work with you to create a tailored legal strategy suitable for your case. An experienced family law firm can offer a holistic approach that covers property settlement, parenting arrangements, divorce proceedings, and more. This is much different from community legal centres. Many firms offer a free consultation or discovery call so clients have an obligation-free opportunity to assess the firm’s services.

What sources to avoid

Many information sources are less than reputable and shouldn’t be relied upon. Here are some notable sources you should generally avoid.

  • Unverified online forums or social media. It’s often impossible to verify the expertise of users on platforms like Reddit. The information they provide should never be accepted on its own merits. Similarly, YouTube videos should only be considered if they’re from verified channels.

  • Outdated websites. Australian family law changes over time. Some websites aren’t maintained and do not update information as new legislation is introduced or old legislation is amended or repealed. Articles without dates and broken links are red flags. AI-generated content is also a problem. Webpages with vague and generic information often present information that is misleading or entirely incorrect.

  • Friends and family. Many people trust information from friends and family above other sources. Accepting recommendations on reputable law firms from loved ones can be valuable. However, getting direct advice should be verified with expert sources, unless you have a lawyer in the family.

Husband smiling looking at his wife during office appointment

Getting the right advice

Connecting with an experienced family lawyer is crucial to getting the right advice for your exceptional circumstances. However, any individual lawyer may not be the right fit for you. How do you determine which law firm to work with for your legal rights? Here are some questions you can ask.

What dispute resolution methods are available?

Legal matters can be dealt with through litigation or alternative dispute resolution. These paths have vastly different implications in terms of time and finances. Turning to the Federal Circuit and Family Court of Australia often involves years of court order proceedings and thousands of dollars’ worth of legal representation.

A reputable firm prioritises mediation and dispute resolution over litigation. Any firm that pushes you to pursue court action first should be avoided.

What our clients say

I was very happy with my experience at Shanahan Family Law. Danyelle guided me through the property settlement and a satisfactory outcome was reached. This was achieved without going to mediation or court.

- Robert Johnston

The Shanahan Family Law team always seeks amicable outcomes for clients. While we recognise that litigation is sometimes necessary to settle a dispute with a hostile former partner, this isn’t our first priority.

How much are your services likely to cost?

A law firm should be able to give you a quote upfront for how much your case is likely to cost. If they aren’t willing to do so, they may incur hidden fees or vague billing terms that inflate your invoice. Some cases involve complex factors that aren’t easily costed ahead of time.

However, an experienced lawyer will be able to provide you with a reasonable quote based on similar cases.

What our clients say

I found this firm excellent to deal with. I had received some exorbitant quotes for executing what was really quite a straightforward matter in my case. Shanahans were prompt, professional and fairly priced. I've was very happy with their service.

- Nathan Batley

Our services are priced fairly for all clients. There are no hidden costs or vague cost agreements. We offer clear fixed-fee services and work with every client to establish a satisfactory budget that suits their needs. With extensive experience across family law, we ensure all parties receive high-quality and affordable service.

What are the next steps in my case?

With the information provided during an initial consultation, a family lawyer should be able to give both you and your ex-partner or de facto partner an idea about the course of action that should be taken in your case. Here’s what you could expect:

  • Overview of options. Your lawyer can tell you what legal avenues are available. This may include organising mediation or the implications of applying to the court for court orders. They can also outline the options available to your ex-partner, such as their entitlements in a property settlement or specific properties owned. You may also get an idea regarding financial support options such as spousal maintenance and property settlement.

  • Immediate action. What actions are required to begin proceedings? This may involve gathering financial documentation on bank accounts and other assets, communicating with an ex-partner to make parenting arrangements, property matters, and property settlement, including gathering bank accounts, etc.

  • Likely process. You should have an idea of the key stages to expect in your case. Common steps include filing for consent orders, attending mediation for property settlement, and completing a divorce application. Your lawyer should also be able to provide a rough timeline to process the final agreement.

What our clients say

Very professional and were able to accommodate me on very short notice. This was followed up by an email the same day outlining a proposed plan.

- Matt Daniels

We’re focused on finalising legal matters for our clients quickly and effectively. When you come to us, we work to fully understand your circumstances and develop a strategy as soon as possible. Whether you’re exiting a marriage or de facto relationship, you’ll know exactly what steps to take.

female lawyer discussing negotiation legal case with client meeting

Conclusion

Sound legal advice on divorce is crucial to achieving a positive outcome in family law matters. Even with limited financial means, community centres and government resources such as Legal Aid are available at low or no cost. With an effective family lawyer, you can receive support tailored to your specific case.

Asking the right questions will help you avoid overpriced representation. A reputable firm will provide a suitable legal strategy with clear and actionable steps. With over ten years of experience, Shanahan Family Law can meet your legal needs regardless of your case’s complexity.

Contact us today for assistance with your family law issue.

The above information is intended to be general advice only and is not a substitute for personalised advice.  Because it does not consider your individual circumstances, it is not intended to be relied upon and any loss or damage arising from any such reliance is disclaimed.  Any financial or legal decisions should only occur after you have received tailored advice from a legal or financial professional.

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Luke Shanahan

Principal

Luke Shanahan is the Principal Solicitor of Shanahan Family Law. Luke has been practising family law since 2008 and started his firm in 2014. He has three beautiful daughters and a supportive, gorgeous wife. In his spare time, Luke enjoys playing tennis and trips to the beach with family and friends. 

Luke is dedicated to providing the best possible legal representation for his clients. His experience and passion for family law set him apart from other solicitors. You only have to read their 5-star reviews to understand that.

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