Family Lawyers
Our Family Law Services
At Shelbourne Legal we understand the immense stress and emotional challenges of a breakdown in a relationship.
Our experienced and compassionate family lawyers are here to offer you support and guidance.
From providing separation advice, to negotiating a settlement or advocating for you in court – we are on your side for every step of the journey!
The Journey
1. ADVICE
We ask you to complete our online intake form so that we can get an understanding of your situation and what is important to you. In our initial consultation we will explain the process and help you understand your legal rights, responsibilities and options.
2. NEGOTIATION
We can help you negotiate a fair separation from your former partner, including acting for you in
- a mediation;
- a round table conference; or
- litigation.
3. DOCUMENTATION
We can:
- prepare consent orders or a binding financial agreement to formalise your agreement with your former partner;
- help you create a parenting plan that is best for your children; or
- prepare a binding child support agreement to ensure your children’s financial security.
Our Family Law Services
Property & Financial Settlements
Parenting
Divorce
WHY CHOOSE US
There is the law, and then outside of the law is the fact that going to court can be stressful and expensive.
Our view is that court should be the last resort. Our family lawyers are effective negotiators who can help you reach settlement in a sensible and cost-effective manner (without toing and froing between solicitors with ten pages letters which could be reduced to two)
But if going to court is unavoidable, our experienced lawyers can advocate for the best possible outcome for you.
Frequently Asked Questions – Family Law
You can apply for divorce after 12 months of separation.
You can apply for divorce when still living together, however additional affidavit evidence will be required to prove your case.
If you don’t have minor children, there is no requirement for you to appear in Court.
Parents are required to make a genuine effort to resolve any child related dispute before issuing proceedings by attending Family Dispute Resolution (FDR) with a FDR Practitioner.
The FDR Practitioner issues a FDR certificate. This certificate is compulsory if you want to go to court. The court will only dispense with the requirement for FDR in limited circumstances such as family violence or urgency.
Documenting a property settlement can be done in 2 ways if an agreement is reached:
- Binding Financial Agreement (BFA) – where each party needs a lawyer to come to an agreement about how property and finances will be divided. The agreement does not need to be just and equitable.
- Consent Orders – at least one of the parties needs a lawyer to fill out this form and submit it for approval by the court. It must be just and equitable.
Documents a parenting agreement can be done in two ways if an agreement is reached:
- A parenting plan is an agreement that sets out parenting arrangements for children. Because it is jointly agreed, you and your former partner do not need to go to court. A parenting plan is not enforceable by the Court.
- A consent order is an agreement that is approved by the Court. It has the same effect as if the decision was handed down by a judge without the need to go to court.