Family Law
Family Law

Family Lawyers
Brisbane

  • Over 40 years’ experience
  • Supportive, empathetic consultations

Over 40 years experience

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At Damien Greer Lawyers, we practice exclusively in family law. We have the depth of experience to ensure our clients achieve an outcome that is right for them.

We have six Family Law Accredited Specialists in our team. Our lawyers qualifications and experience go well beyond the average with Damien Greer being a Fellow of the International Academy of Family Lawyers, one of a select few in Australia, and an experienced mediator. He and Wendy Miller are also qualified arbitrators.

We pride ourselves on being a highly collaborative firm so even if you engage one of our lawyers, you benefit from the experience of our whole team if the need arises.

If you need a family law specialist in Brisbane to help you with an issue like a divorce or a parenting matter, we can be contacted by email or by telephone on 07 3837 5500.

Our Family Law Services

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Divorce & Separation

Statistically, around 1/3 of Australian marriages now end in divorce and de facto relationships end in separation. We offer a range of legal solutions that can help you navigate your separation or divorce.

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Children & Parenting Matters

Navigating the post-separation parenting world can be tricky. We listen to your situation and can recommend the most appropriate dispute resolution option for your situation.

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Surrogacy, Adoption & Guardianship

Surrogacy and alternative parenting pathways can be a legal minefield. Our family lawyers have experience through adoption processes and can guide you through your options.

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Property & Financial Matters

For agreements reached by parties after their marriage or relationship breakdown, we can assist with advice and drafting Consent Orders, or a Financial Agreement. In other instances, our team will advise you on the best approach for your situation.

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Prenuptial, Financial & Relationship Agreements

We specialise in drafting and advising clients on Financial Agreements. Our specialists will ensure your agreement complies with the Family Law Act and so more likely to be upheld by the courts.

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Wendy Miller
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Collaborative Family Law

No matter what aspect your family law issue relates to, we can assist with dispute resolution processes. We will work to help you negotiate an outcome, without needing to resort to litigation.

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Domestic & Family Violence Matters

Whether you need to apply for a Protection Order or need to defend yourself against one, we can advise you on domestic and family violence matters.

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International Family Law

Whether you have concerns about your child being taken to another country without your consent or need a foreign court order served in an international jurisdiction, we can help.

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Our Family Law Expertise

At Damien Greer Lawyers, we have a reputation for excellence in family law, and being one of the best family law firms in Brisbane. With over 40 years’ experience in family law, we can approach your situation constructively, with sensitivity, and recommend the legal solutions best suited to your needs and objectives.

In addition, we are also experts in international family law and can provide you with advice if your family law matter crosses international borders. If you’re looking to relocate with your child, if your child has been abducted, or you’re dealing with divorce, separation or property within and outside of Australia, we can help.

When you choose Damien Greer Lawyers, you can trust your case will be handled by one of the best family law firms in Brisbane.

Costs of Family Law

Unfortunately, we cannot advise in advance how much a matter will cost (in fact, no family lawyer can). Situations can vary based on what your objectives are, what actions your ex-partner does/doesn’t take, and a variety of other elements.

What we can provide are regular estimates, which are based on our 40 years of experience practising Family Law. We will tell you fairly quickly whether we anticipate costs will be more or less than the estimates provided, and provide regular fortnightly or monthly accounts, allowing you to stay on top of payments.

Family law myths

All family disputes go to Court

This isn’t true at all. About 95% of relationship or marriage breakdowns are resolved without the need to go to Court – handling matters such as children, parenting and properties privately.

Statistics show only 5% of end up in Court. Even when people do go to Court, it is now mandatory to attempt to reach an agreement through mediation before a case can progress to a final hearing.

The mother always gets the children

There is no legal presumption that children should be cared for by their mothers. So in legal terms, this is not presumed or favoured by the Court.

It is the case that mothers tend to have more overnight care of children than fathers do. Frequently though, this was agreed between parents.

At Damien Greer Lawyers, we’ll treat your case fairly (regardless of your gender), and aim to help you and your ex-partner find the co-parenting arrangements that suit you best.

Property is always divided equally

There is no 50/50 rule in family law property matters, nor is there any mathematical formula for dividing property between parties. It is very much a discretionary decision that is based on several factors set out in the Family Law Act.

Section 75(2) of the Family Law Act aims to address economic inequality between parties due to their roles in the relationship, but rarely does this translate to a 50/50 split of property. It is often the case that one party will have sacrificed their career (or work opportunities) to care for children.

Each situation will vary, so it’s important to seek advice from specialist family lawyers to find out what you would be entitled to.

Men come off ‘second best’ financially after divorce

This is a myth often discussed online, but again, repeated studies and statistics confirm this is purely a myth.

Research shows men tend to recover faster financially from a divorce or separation, but slower emotionally. The opposite is usually true for women, who tend to recover faster emotionally, yet can suffer more financially from the process. This is typically due to women having the greater responsibility for childcare during the marriage or relationship.

Detrimental economic consequences tend to flow from this circumstance, which led to the term `feminisation of poverty’ being coined to describe this situation.

Couples who were together for less than 2 years don’t share assets

Known casually as the ‘2-year rule’, this myth falsely promotes that property cannot be exchanged or shared if couples were together for less than 2 years.

This may be true for de facto couples who have no children, and who have made no substantial financial contribution to the assets of the other. But it all depends on the circumstances of these cases.

However, the ‘2-year rule’ is completely untrue for people who are married. The share one party receives is based on their contributions to the property of the parties. There is also an assessment made of their respective future financial circumstances, and if necessary, one party will receive an extra amount to recognise their greater future financial need.

Family Law FAQs

Generally speaking, it can take several months for the official divorce proceeding to be finalised. This timeframe begins when the application is first filed with the court and ends when the court issues the divorce order. However, once your divorce order becomes final, you have a period of 12 months in which to apply to the court for a property settlement. If you and your former partner are unable to come to an agreement on your own, you may want to seek legal advice before potentially lose your right to apply to the court.
Once your divorce has been granted, it will be finalised one month and one day later, unless a special order is made by the court to shorten that time. After your divorce has been finalised, you are able to re-marry.
In Australia, anyone undergoing family law court proceedings is protected by Section 121 of the Family Law Act 1975. This means that details of family law court proceedings (including divorces) cannot be disclosed by newspapers, radio broadcasts or television reports. Once your proceedings are finalised, records are often indexed and stored for up to 100 years. Judgements are routinely published for use by the legal profession, but these are done under pseudonyms to protect the privacy of the individuals involved.

Marriage and Divorce Statistics Australia

Learn more about marriage and divorce in Australia and how we compare to the rest of the world

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Damien Greer

We take into account the constantly changing business and personal circumstances of our clients.

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