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Family Lawyers Queensland

Having the Right Family Lawyers On Your Side Could Change the Rest Of Your Life

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Family law matters are often complex, costly, and take an emotional toll on everyone involved.

Whether you’re facing a separation, a child custody battle, or any other type of family law dispute, we understand just how challenging and stressful these situations can be.

Tensions often rise, creating difficulties for all parties, especially when children or substantial assets are at stake, which can make things even more intense, not to mention costly and time-consuming.

If the family court becomes involved, it can add another layer of complexity to an already difficult situation.

Having experienced family lawyers by your side can help ease the pressure, saving time and reducing costs by resolving disputes efficiently and, where possible, avoiding court proceedings.

However, if litigation becomes necessary, we can ensure you receive the best possible outcome while minimising your risk and costs.

That’s where we come in at Greenaway Law.

With experience in family law in Queensland, we are here to assist with any family law issue you may be facing, from divorce and property settlements to child custody matters.

Our deep understanding of the family law process in Queensland allows us to offer tailored advice and achieve the best possible results for your unique situation.

Our family lawyers working in Brisbane and Gold Coast are skilled in helping resolve disputes, de-escalating conflicts, and facilitating agreements where possible.

And if your case proceeds to court under the Family Law Act, we will protect your best interests throughout the process.

When you work with Greenaway Law, you will be working directly with our principal, Shane Greenaway. Shane is an experienced family lawyer, offering professional family law advice to help you achieve the best possible resolution for your situation.

Whether you’re considering a divorce, in the midst of a separation, dealing with child custody issues, or facing another family law matter, reach out to Shane today to start resolving your matter by clicking the button below.

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Family Law Matters We Can Help With:

Separation & Divorce

Considering separation or divorce?

Our divorce lawyers will guide you through the legal process with compassion and efficiency.

Whether you’re seeking a straightforward divorce or need assistance with more complex situations, such as property settlements or parenting arrangements, our family lawyers are here to help.

Mediation & Dispute Resolution

Mediation is a critical step in resolving disputes without the stress and expense of court proceedings. Our family law team is experienced in mediation and dispute resolution, helping families reach amicable agreements on a range of family law matters, including child custody and property settlements.

Child Custody Matters

Child custody can be one of the most emotionally charged aspects of family law. Our family lawyers work with you to establish fair and equitable child custody arrangements that reflect the best interests of the child. Whether you need help negotiating a parenting plan or are involved in custody disputes, we are here to provide the legal experience you need.

Child Support & Spousal Maintenance

Ensuring the financial stability of children and spouses is crucial in family law. Our lawyers can assist with all matters related to child support and spousal maintenance, ensuring that fair financial agreements are reached according to the Family Law Act.

Parenting Arrangements

Our experienced family lawyers can help families create parenting arrangements that consider the best interests of the children involved. Whether through negotiation or court proceedings, we aim to provide solutions that benefit all parties involved.

Defacto Relationship Matters

If you are in a de facto relationship, you may still have legal rights similar to those in a marriage. Our family lawyers can guide you through de facto relationship matters, from binding financial agreements to property settlements and parenting arrangements.

Binding Financial Agreements

A binding financial agreement (BFA) can protect your assets and financial interests. Our family lawyers can help you draft a legally sound BFA, or review your BFA to ensure that your financial future is secure, whether you’re entering into a relationship or separating from one.

Relationship Property & Property Settlements

Our family lawyers have experience handling complex property settlements. We understand that dividing assets can be a contentious issue, but we will work to secure a fair and equitable property settlement for you.

Domestic Violence Matters

Domestic violence is a serious issue, and our family lawyers are here to offer the legal support and protection you need. We assist with domestic violence matters, including obtaining domestic violence orders and ensuring your safety.
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Shane Greenaway

Principal of Greenaway Law

Shane Greenaway spent many years in business supplying reinforcing steel.

After a medical accident which left him a partial paraplegic, Shane decided to study law through his recovery and rehabilitation.

He has since gone on to become an extremely competent lawyer working in various areas including commercial law, conveyancing, family law, criminal law, employment law and personal injury law.

Shane provides a human touch to commercial law, working personally with clients to help them to understand their situation clearly, work with them to find the best solution and achieve the best outcomes to hit their goals.

Book an appointment today and Shane will guide you through your legal matter with expertise and care.

Book a Free Consulation Now

What Our Clients Say

We Work With All Queensland Families

Frequently Asked Questions About Family Law

What do family lawyers do in Australia?

Family law solicitors assist clients with legal issues related to family relationships, including divorce, child custody, property settlements, spousal maintenance, and domestic violence matters. They provide legal advice, represent clients in negotiations and court, and help navigate the complexities of the Family Law Act.
You should consider hiring a family lawyer when facing significant family law matters such as divorce, child custody disputes, property division, or spousal maintenance. Family lawyers can provide guidance on your legal rights, help resolve disputes, and ensure the best possible outcome, particularly if legal complexities or court proceedings are involved.
The cost of hiring a family lawyer varies depending on the complexity of the case, the lawyer’s experience, and whether the matter is settled through negotiation or goes to court. Some lawyers charge hourly rates, while others (like us) offer fixed fees for certain services. It’s important to discuss fees upfront and consider seeking legal aid if financial constraints apply.
Yes, legal aid is available for family law matters in Australia if you meet certain eligibility criteria, including income, assets, and the nature of the case. Legal aid may cover issues such as child custody, property settlements, and domestic violence cases. Each state and territory has its own legal aid commission where you can apply for assistance.
No, a family lawyer cannot represent both parties in a divorce due to conflict of interest rules. Each party must have their own independent legal representation to ensure their interests are fully protected during the divorce proceedings, particularly when resolving issues like property settlements and child custody.
A family lawyer can help negotiate and finalise property settlements by providing legal advice on your rights and entitlements. They will assist in valuing assets, considering both financial and non-financial contributions, and ensuring the settlement is just and equitable under the Family Law Act. They can also represent you in court if an agreement cannot be reached.
A family lawyer’s role in child custody disputes is to advocate for their client’s parental rights while prioritising the best interests of the child. They provide legal advice, assist in creating parenting plans or agreements, and represent clients in court if necessary. A family lawyer will also help navigate issues like visitation rights, shared custody, and child support.
Yes, family lawyers can assist with legal issues arising from de facto relationships, such as property division, spousal maintenance, and parenting arrangements. De facto couples in Australia have similar legal rights to married couples, and family lawyers can guide clients through the process of resolving disputes or making binding financial agreements.

Yes, a family lawyer from another state in Australia can help you with your matter. Australian family law is governed by federal legislation, specifically the Family Law Act 1975, which applies uniformly across all states and territories. This means that family lawyers can provide legal advice and represent clients anywhere in the country, regardless of where they are based. However, it may be more practical to work with a lawyer familiar with local courts and procedures, especially for matters requiring in-person representation. Some cases, such as those involving property or parenting disputes, may also have specific state-based regulations, so it’s essential to ensure your lawyer is aware of any local variations.

The duration of a family law case in Australia depends on the complexity of the matter and whether it is settled out of court or proceeds to litigation. Simple cases may be resolved in a few months, while more complex disputes, especially those involving property or child custody, can take up to a year or longer, particularly if they go to court.
Not necessarily. Many family law issues can be resolved through alternative dispute resolution methods like mediation or collaborative law. These processes allow both parties to negotiate an agreement on issues such as child custody, property settlements, and spousal maintenance without going to court. This approach is generally quicker, less stressful, and less expensive. However, if an agreement cannot be reached, or if there are safety concerns like family violence, the matter may need to go to court, where a judge will make decisions based on the best interests of the parties involved.

The Family Law Act 1975 is the cornerstone of Australian family law. It governs divorce, property settlements, child custody, spousal maintenance, and other family law matters. The act establishes a framework for resolving family law disputes and ensures that decisions are made with the best interests of children in mind. It also introduced the concept of “no-fault divorce” and outlines the legal rights and responsibilities of both parents and de facto couples. The act provides guidelines for mediation, dispute resolution, and court proceedings, ensuring fairness in family law cases.

Mediation plays a crucial role in family law by helping parties resolve disputes without going to court. It allows parents to negotiate child custody, property settlements, and spousal maintenance in a less adversarial environment. Mediation is often required before court proceedings can begin, and it is usually quicker, less expensive, and less stressful than litigation. Mediators do not make decisions but help both parties reach an agreement. If mediation fails, the parties can still take the matter to court, but the agreements made in mediation can form the basis for consent orders.

A contravention order is issued by the court when one party does not comply with an existing family law order, such as failing to follow child custody arrangements or visitation schedules. If a parent breaches a court order, the other parent can apply to the court for a contravention order. The court will assess whether the breach was intentional or whether there was a reasonable excuse. If the court finds that the breach was unjustified, it may impose penalties such as fines, make-up time with the child, or, in severe cases, imprisonment.

A divorce in Australia generally takes at least four months from the time of filing the application, assuming both parties agree to the separation and meet the legal requirement of having been separated for at least 12 months. The actual time may vary depending on how busy the court is, whether there are any disputes about children or property, and how quickly paperwork is processed. If one party contests the divorce or if there are issues related to child custody or property settlement, the process can take longer.
The division of property after separation follows a four-step process outlined in Australian family law. First, both parties must provide a full and honest disclosure of all assets, liabilities, and financial resources. Second, the contributions of both parties, including financial, non-financial, and homemaking efforts, are assessed. Third, the future needs of both parties are considered, such as age, health, financial resources, and earning capacity. Finally, the court decides what is a just and equitable outcome based on these factors. Property settlements can be negotiated without court intervention, but if no agreement is reached, a court application may be necessary.
“No-fault divorce” in Australia means that the court does not need to determine the reasons for the breakdown of the marriage. The only requirement for a divorce is that the marriage has irretrievably broken down, which is demonstrated by a period of 12 months of separation. This approach simplifies the legal process by removing the need to prove fault, such as adultery or misconduct, and focuses instead on the practicalities of ending the marriage and making arrangements for children and property.
Child custody in Australia is decided based on the best interests of the child, as outlined in the Family Law Act 1975. The court considers a range of factors, including the child’s relationship with each parent, the ability of each parent to provide for the child’s emotional and physical needs, the child’s views (if they are old enough to express them), and any history of family violence or abuse. The goal is to ensure the child has a meaningful relationship with both parents, provided it is safe to do so. In some cases, custody can be shared, but in others, one parent may be given primary responsibility.
Spousal maintenance is financial support paid by one spouse to the other following separation or divorce if the receiving spouse is unable to support themselves. Whether you are entitled to spousal maintenance depends on several factors, including your ability to earn an income, your age and health, your financial resources, and the standard of living established during the marriage. The paying spouse’s ability to provide support is also considered. Spousal maintenance can be temporary or ongoing, and either party can apply for it at any point after separation.
Relocating with a child after separation can be a complex issue in family law. You can only relocate if both parents agree to the move, or if the court grants permission. When considering relocation applications, the court evaluates whether the move is in the child’s best interests. Factors like the distance of the relocation, the impact on the child’s relationship with the non-relocating parent, and the reasons for the move are all taken into account. If an agreement cannot be reached, mediation may be required before taking the matter to court.
After a de facto relationship ends, the couple’s legal rights are similar to those of a married couple. De facto couples can apply to the Family Court for property settlements and spousal maintenance if the relationship lasted at least two years, or if they have a child together, or if significant financial contributions were made by one party. The court follows the same four-step process as it does for married couples when dividing property. It considers factors like contributions, future needs, and what is fair and equitable. De facto couples also have legal obligations regarding the welfare of children from the relationship.
Child support is calculated using a formula set by the Australian Government’s Department of Human Services. The formula takes into account both parents’ incomes, the number of children, the amount of time each parent spends caring for the children, and the children’s needs. The aim is to ensure both parents contribute to the financial support of their children, in proportion to their ability to do so. If parents cannot agree on child support arrangements, they can apply for a formal assessment through the Department of Human Services or seek legal advice.
A binding financial agreement (BFA) is a legal document that outlines how assets, property, and financial resources will be divided in the event of a separation or divorce. BFAs can be made before, during, or after a relationship, and they allow couples to avoid court involvement in property settlements. BFAs must comply with strict legal requirements to be enforceable, including that both parties seek independent legal advice before signing. BFAs can cover property division, spousal maintenance, and other financial matters, giving couples more control over their financial future.

A parenting plan is an informal, written agreement between parents about the care of their children, covering things like living arrangements, time spent with each parent, and other parenting responsibilities. Parenting plans are not legally binding but provide flexibility as circumstances change. A consent order, on the other hand, is a formal agreement approved by the court, which is legally binding and enforceable by law. Consent orders offer greater security because they can be enforced if one parent fails to comply, but they are more difficult to change than parenting plans.

Yes, under the Family Law Act, grandparents can apply for custody or visitation rights if they have an ongoing and significant relationship with the child, and it is in the child’s best interests. Grandparents do not have an automatic right to custody or contact, but they can apply to the Family Court for orders allowing them to spend time with or care for the child. The court will consider factors such as the child’s relationship with the grandparents, the parents’ views, and the overall welfare of the child before making any decision.

When deciding property settlements, the court considers several factors to ensure a fair outcome. These include the financial contributions each party made during the relationship, non-financial contributions such as homemaking or childcare, and the future needs of both parties (e.g., age, health, earning capacity). The court also looks at the length of the relationship and whether there are children involved. The goal is to divide the property in a way that is just and equitable, taking into account both parties’ needs and contributions.
Yes, you can apply to change a child custody order if there has been a significant change in circumstances since the original order was made. Examples of such changes include relocation, a new job, changes in the child’s needs, or concerns about the child’s safety. The court will only alter custody arrangements if the change is in the best interests of the child. In most cases, you will need to attempt mediation before applying to the court for a variation, unless there are urgent safety concerns.

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