Our Melbourne de facto lawyers advise on separation, property division and financial matters, helping you formalise your position with clear steps and legally binding outcomes.
If you are leaving a de facto relationship, your rights are still recognised under Australian family law, but you may first need to show that your relationship meets the legal definition of de facto. We help you understand where you stand and how to resolve property and financial matters.
At Hamilton Thomas, we help you address parenting arrangements, financial separation, and legal obligations with a clear plan. This includes early advice, structured negotiation, and formalising agreements so outcomes are workable, enforceable, and resolved within the required timeframes.
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How we help
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.
Structured negotiation to avoid unnecessary court and reduce stress wherever possible.
Legally binding agreements that formalise arrangements and provide long-term security.
Our people
40+ 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.
Exclusive focus on family law means better outcomes — no generalists here.
Clear advice, honest costs, 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 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.
You don’t have to handle separation alone. Our Melbourne de facto lawyers provide practical guidance and considered pathways to finalising property and parenting arrangements.
Call (03) 9059 2648
Under Australian law, you generally must live together for at least two years to be considered de facto for property purposes. However, exceptions apply if you have a child together, the relationship is formally registered, or one party made substantial contributions and would suffer ‘serious injustice’ without a court order.
Once a de facto relationship is established, you have similar rights to married couples under the Family Law Act. This includes seeking a division of assets, liabilities, and superannuation. The court considers financial contributions, non-financial contributions (like homemaking), and the future needs of each partner.
Yes. The law recognises that a ‘genuine domestic basis’ doesn’t always require 24/7 cohabitation. Courts look at the nature of your life together – such as financial interdependence, shared property, and public reputation as a couple – to determine if a de facto relationship exists despite maintaining separate residences.
To prove your status, you should provide evidence of a shared life. This includes joint bank statements, shared lease or mortgage documents, proof of joint travel, being listed as ‘de facto’ on government forms (like Centrelink or tax returns), and statutory declarations from friends or family confirming your couple status.
You have exactly two years from the date of separation to finalise a property settlement or file an application in the Federal Circuit and Family Court of Australia. Missing this deadline requires “leave of the court” to proceed, which is only granted in limited, exceptional circumstances.
Serving Melbourne
Based in Carnegie. We see clients in person or online, whichever suits you.
