Our Melbourne property settlement lawyers deliver strategic advice on asset division, helping you reach a fair, legally binding outcome with a focus on clarity, structure and long-term certainty.
When a relationship ends, dividing property, finances, and superannuation can be overwhelming. At Hamilton Thomas Lawyers, we provide clear, practical guidance under the Family Law Act 1975 to help you manage your property settlement with confidence.
Our goal is always to resolve your property settlement amicably and without the stress and cost of court proceedings. However, if litigation becomes necessary, our team has extensive experience representing clients in the Federal Circuit and Family Court of Australia.
We understand how important your financial future is, and take a negotiation-first approach to reduce unnecessary court involvement. Our team prepares legally binding agreements and has experience handling complex assets, including businesses and superannuation, with local Melbourne-based expertise.
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Practical, clear advice across all areas of family law, from first questions to final resolution.
Clear guidance through separation, protecting your rights and helping you plan your next chapter.
Strategic advice to secure a fair division of assets and protect what matters most to you.
Practical solutions focused on your children’s best interests while reducing conflict.
Advice on financial support obligations so you understand your entitlements clearly.
Compassionate legal support to keep you and your family safe, with urgent intervention orders when you need them most.
Understanding your rights in a de facto relationship, whether separating or protecting what you’ve built together.
20+ years combined family law experience. You speak to senior lawyers from your very first call.
Why choose us
We’re not transactional lawyers. We aim to be another branch of your support network.
Work with senior family law staff with an exclusive focus on family law for better outcomes.
Clear advice, honest costs and no surprises, from your very first call.
Based at 59 Koornang Road, Carnegie, we provide a local point of contact for Melbourne's south-east families.
We aim to get you out of the legal system as quickly and cost-effectively as possible.
Getting started
Three simple steps to getting expert family lawyers on your side.
01
Meet our Carnegie team, discuss your situation and explore your options — no obligation, no jargon.
02
We match you with the right lawyer and build a tailored plan around your goals and circumstances.
03
We guide you to a fair outcome so you can move ahead with clarity and confidence.
Property settlements can be complex, but you don’t have to navigate them alone. Our experienced lawyers will help you understand your position, protect what matters most, and reach a fair outcome, without unnecessary conflict.
A verbal or written agreement between parties isn’t legally binding unless it’s:
These documents can be put in place before, during, or after separation or divorce. Without formalisation, assets such as your home, business interests, superannuation, or even future inheritances could be disputed years later. Getting legal advice early helps protect your interests in the long term.
When dividing property in Australia, the Family Law system applies a 5-step process to assess what’s fair. Here’s how we guide you through it:
Step 1: Is it just and equitable to adjust property interests?
We assess whether a property settlement is necessary and appropriate based on your situation.
Step 2: Identify the asset pool
This includes all assets, liabilities, and superannuation. We’ll facilitate a financial disclosure process and help arrange valuations where needed.
Step 3: Evaluate contributions
This includes financial contributions (e.g., income, savings, gifts), non-financial contributions (e.g., homemaking, parenting), and indirect contributions, such as improving property through renovations.
Step 4: Assess future needs
We’ll consider:
Step 5: Consider the fairness of the proposed outcome
Finally, we evaluate whether the split is “just and equitable” in all the circumstances.
Timing is critical in family law matters. Married couples must apply for property orders within 12 months of divorce. De facto relationships: You have 24 months from separation to apply for a property settlement.
In some circumstances, the Court may grant an extension, but it’s not guaranteed. It’s always safer to act within the prescribed time limits.
When it’s time to sort out property and finances, clarity and structure are key. Here’s how we guide you through the process with confidence:
We begin with a free 30-minute consultation to understand your situation, explain your rights under the Family Law Act 1975, and outline the process ahead.
All assets, liabilities, and superannuation are accounted for. This includes:
We handle the financial disclosure process to ensure everything is accurately documented.
Your financial and non-financial contributions are important, including:
We make sure your role is fully recognised.
We consider what you need moving forward, focusing on:
This helps us work towards a fair and equitable outcome.
Once everything is mapped out, we formalise your agreement through:
If disagreements arise, our negotiation-first approach focuses on quick, practical resolutions to avoid unnecessary court battles. Get in touch with our Melbourne property settlement lawyers today to get started.
Based in Carnegie. We see clients in person or online, whichever suits you.
