Our family lawyers provide strategic advice to separating couples in Kew, helping to resolve property settlements that involve a family trust, private company or investment properties. We offer a free 30-minute initial consultation to help you understand your options and decide on your next steps.
If your separation involves more than a home, savings and superannuation, our family lawyers in Kew know that the way your property settlement is approached matters. A family trust, private company interest or property portfolio can make financial disclosure, valuation and asset division more involved. At Hamilton Thomas, we advise clients on all aspects of divorce and separation, with particular expertise in property settlements with structured asset pools.
Our Carnegie office is approximately 11.1 km from Kew, with a drive typically taking 20 to 30 minutes, depending on traffic. You may only need to attend once or twice in person, with the rest of your matter handled by phone, email and video conference. Hamilton Thomas practices exclusively in family law, led by principal Rebecca Thomas, who brings a wealth of experience from previous roles at Macquarie Bank, EY and Maddocks to her practice. Her commercial background is particularly relevant when a settlement involves business interests, trusts or financial arrangements that need closer examination.
If your spouse managed the finances during your relationship, you may not have a complete picture of the assets, business interests or financial arrangements involved in your separation.
For example, one spouse may have controlled a family trust or private company while the other had little access to its accounts. Understanding the asset pool may require more than checking property titles and bank balances. Financial disclosure, company records, trust documents and independent valuations may all be relevant. Both parties have a duty of full and frank financial disclosure in family law property matters. This helps establish what assets, liabilities and financial resources exist and provides a more reliable basis for negotiations.
A trust interest is not assessed simply by checking whose name appears on a document. The relevant circumstances may include the person’s control of the trust, access to its assets and benefits received, as well as the trust’s structure and the wider financial arrangements. The legal treatment depends on the facts. Rebecca Thomas’s previous commercial experience informs her approach to these financial questions. Our aim is to help you understand what needs to be identified, disclosed and valued before decisions are made about your settlement.
For more on business and trust interests during separation, read our guide to business ownership and divorce in Victoria.
Our office is at 59 Koornang Road, Carnegie, approximately 11.1 km from Kew. Allow around 20 to 30 minutes to drive, depending on traffic.
If you’re travelling by public transport, the most direct option is the 624 bus, which runs from Kew to Oakleigh and stops on Neerim Road in Carnegie, a short walk from our office. On weekdays, not every 624 service travels via Carnegie, so check that your bus is a Carnegie service. Alternatively, Kew does not have a railway station, but you can take Tram 16 from the Cotham Road terminus to Anzac Station and change to a Cranbourne or Pakenham line train to Carnegie Station. Check current timetables with Public Transport Victoria before travelling.
For drivers, parking is available at Carnegie Central via Arrawatta Street, with time-limited street parking on Koornang Road. We also offer document certification and Justice of the Peace services on Thursdays during limited hours. These services do not include legal advice about the documents being certified. Please contact us to confirm availability before visiting.
Court proceedings are not necessary for every separation. Many property settlements are resolved through negotiation and formalised through consent orders or a binding financial agreement, where appropriate. We can explain the available options and help you consider which approach suits your circumstances.
If you do need to file in court, family law matters involving Kew residents are ordinarily filed through the Melbourne registry of the Federal Circuit and Family Court of Australia (FCFCOA), at 305 William Street, Melbourne. Court documents can be filed electronically through the Commonwealth Courts Portal.
The appropriate court process and location depend on the nature of your matter. There is no guarantee that a particular case will be heard at a particular venue.
Find more information on the Federal Circuit and Family Court of Australia website.
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We advise on property settlements involving homes, investments, businesses and superannuation, as well as the agreements and other family law matters that can arise during separation.
Advice on identifying, valuing and dividing assets, liabilities and financial interests, including trusts and private companies.
Advice on including superannuation in a settlement, obtaining valuations and formalising a split.
Advice on the legal process, important deadlines and how divorce relates to your financial settlement.
Help formalising financial agreements and settlements in the appropriate legal form.
Advice about financial support after separation, whether you need support or have been asked to pay it.
Advice on property and financial matters when a de facto relationship ends.
Our people
Our team has 40+ years combined family law experience. You speak to senior lawyers from your very first call, and will be matched with the person on our team who has the strongest skills for your matter.
Why choose us
We’re not transactional lawyers. We aim to be another branch of your support network.
Exclusive focus on family law means better outcomes.
Clear advice, honest costs and no surprises, from your very first call.
59 Koornang Road. A real local office 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 experienced family lawyers on your side.
01
Book your free discovery call
Meet our 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.
You don’t need to have everything worked out before speaking with a lawyer. Start with a free discovery call to discuss your circumstances, ask questions and understand how Hamilton Thomas Lawyers may be able to help.
The most direct option is the 624 bus from Kew towards Oakleigh, which stops on Neerim Road in Carnegie, a short walk from our office at 59 Koornang Road. On weekdays, some 624 services travel via Malvern East instead, so check that your bus goes via Carnegie. You can also take Tram 16 to Anzac Station and change to a Cranbourne or Pakenham line train to Carnegie Station. Check current timetables with Public Transport Victoria before travelling.
You may be entitled to information about the trust as part of your property settlement, even if you are not a trustee or beneficiary. The extent of disclosure depends on the trust structure, your spouse’s role and how the trust relates to the financial circumstances of both parties. We can help identify what information may be relevant and how to obtain it.
Both parties must provide a complete and accurate picture of their financial circumstances. This can include bank statements, tax returns, superannuation, property interests, business records, liabilities and interests in trusts or companies. Disclosure obligations continue throughout the matter, so significant changes must also be brought to the other party’s attention.
The value of a private company interest may require an independent business valuation. An expert can consider the company’s assets, liabilities, earnings, financial performance and future prospects, as well as your ownership interest. The appropriate valuation method depends on the business and its circumstances. We can help you understand what evidence and expert advice may be needed.
The fact that a trust existed before your marriage does not automatically exclude it from consideration in a property settlement. The court may examine its structure, who controls it, how it has been used and the financial contributions made during the relationship. The treatment of trust assets depends on the particular circumstances and the rights of any third parties.
Serving Melbourne
Based in Carnegie. We see clients in person or online, whichever suits you.
