Family Lawyers Bentleigh

Our Bentleigh family lawyers offer clear, practical guidance to help you move through parenting and property matters after separation, with a focus on efficient resolution and legally binding outcomes.

4.9 / 5 Google Reviews
Family Law Experts
Local Carnegie Office
Free Discovery Call

Work With Our Bentleigh Family Lawyers for Clear, Practical Outcomes

Separation can leave you unsure about your entitlements, responsibilities and next steps. Property and parenting matters often require careful handling from the outset. Working with Hamilton Thomas Lawyers, you will have a clear path and steady support throughout. With structured guidance, you can reduce uncertainty and move toward a fair, enforceable outcome.

Helping You Through Property, Parenting & Financial Matters

We understand the significance of family law decisions and their impact on your future. Our Bentleigh family lawyers provide practical guidance across all aspects of separation, with a focus on negotiation, mediation and fair, legally binding outcomes.

Whether you are considering your options or ready to start negotiations, our team will guide you through the process.

Client reviews

Kind words from our clients

Verified Google Reviews · 4.9 stars

How we help

Family law services

Practical, clear advice across all areas of family law — from first questions to final resolution.

Divorce & Separation

Clear guidance through separation, protecting your rights and helping you plan your next chapter.

Property Settlements

Strategic advice to secure a fair division of assets and protect what matters most to you.

Parenting Disputes

Practical solutions focused on your children’s best interests while reducing conflict.

Spousal Maintenance

Advice on financial support obligations so you understand your entitlements clearly.

Mediation & Disputes

Structured negotiation to avoid unnecessary court and reduce stress wherever possible.

Consent Orders

Legally binding agreements that formalise arrangements and provide long-term security.

Rebecca Thomas Profile Photo

Why choose us

Time Limits For Property Settlements

Strict timeframes apply to family law matters, so it’s important to act early to protect your rights.

Marriage

You must apply for property orders within 12 months of your divorce becoming final.

De facto

You have 24 months from the date of separation to apply for a property settlement.

In limited circumstances, the Court may allow an extension of time, but this is not guaranteed. It is always safer to seek advice and take action within the relevant timeframes.

Getting started

A clear, supportive process from day one

Three simple steps to getting expert family lawyers on your side.

01

Book your free discovery call

Meet our Carnegie team, discuss your situation and explore your options — no obligation, no jargon.

02

Personalised strategy

We match you with the right lawyer and build a tailored plan around your goals and circumstances.

03

Resolution & moving forward

We guide you to a fair outcome so you can move ahead with clarity and confidence.

Ready to Get Started? We’re Here to Help

You don’t have to face family law matters alone. Speak with our Bentleigh family lawyers for practical support and clear next steps.

Frequently Asked Questions

When it comes to dividing property and finances, having a structured approach makes all the difference. We guide you through each step with clear advice, so you can move forward with confidence.

  1. Understanding Your Position

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.

  1. Mapping Out the Asset Pool

All assets, liabilities, and superannuation are accounted for. This includes:

  • Family home and real estate
  • Cars, savings, and investments
  • Trust and business interests
  • Superannuation
  • Debts and liabilities

We handle the financial disclosure process to ensure everything is accurately documented.

  1. Reviewing Contributions

Your financial and non-financial contributions are important, including:

  • Income, investments, and savings
  • Homemaking and parenting efforts
  • Indirect contributions, like property improvements

We make sure your role is fully recognised.

  1. Planning for the Future

We consider what you need moving forward, focusing on:

  • Your age and health
  • Employment status and earning capacity
  • Financial support for children

This helps us work towards a fair and equitable outcome.

  1. Reaching a Legally Binding Agreement

Once everything is mapped out, we formalise your agreement through:

  • Consent Orders filed with the courts, but with no requirement to attend a hearing 
  • Binding Financial Agreements (BFAs) for out-of-court resolutions that lock in terms

If disagreements arise, our negotiation-first approach focuses on quick, practical resolutions, avoiding unnecessary court battles.

Not always. Many property settlements are resolved by agreement through negotiation or mediation. However, to make it legally binding, you will usually need Consent Orders or a Binding Financial Agreement. Court is typically only required if an agreement cannot be reached. At Hamilton Thomas, we service clients across Melbourne’s bayside suburbs, including Bentleigh, Bentleigh East and McKinnon, with all aspects of divorce and separation. Get in touch for advice specific to your situation.

Generally, no. Informal agreements are not legally enforceable in family law. To protect both parties and prevent future disputes, property settlements should be formalised through Consent Orders approved by the Court or a Binding Financial Agreement prepared with legal advice.

Yes. Property settlement and divorce are separate processes under Australian family law. You can finalise financial matters at any time after separation, and in many cases, it is sensible to do so early to provide certainty and reduce the risk of future disputes. Once a divorce is finalised, you have one year to initiate a property settlement.

If you cannot agree, independent experts such as property valuers, accountants or business valuers can be appointed to provide objective assessments. If the dispute continues, the Court can determine value based on evidence, but most matters resolve once reliable valuations are obtained.

Financial contributions are considered, but they are only one part of the assessment. The law also recognises non-financial contributions, like caring for children or managing the household, as well as current and future needs. If you need advice specific to your situation, please contact our Bentleigh family law team for more information.

Serving Melbourne

Family lawyers for Melbourne's south-east

Based in Carnegie. We see clients in person or online, whichever suits you.