Our Malvern family lawyers provide clear, actionable legal advice to help you effectively resolve family law matters after divorce and separation. Get in touch today to access senior family law advice during a free, 30-minute first consultation.
Going through separation is hard enough, without the uncertainty of knowing what your rights, entitlements, obligations and next steps are. At Hamilton Thomas Lawyers, we provide advice at every stage of the process, from early pre-separation advice, through to finalising your property and parenting matters.
We have extensive experience working with complex asset and property pools and superannuation splitting, and provide strategic guidance while working towards an outcome that protects your future.
There is a lot at stake when managing family law matters and creating agreements that are not only fair, but provide lasting security. Our Malvern family lawyers understand how important it is to get the details right, and will remain focused on getting an outcome that protects your long-term interests. We take a practical and structured approach to resolving matters, using clear negotiation and mediation whenever possible to achieve an out-of-court settlement.
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How we help our Malvern clients
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
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.
A long marriage, a substantial family home and most of the superannuation held in one name is a common scenario we see, which can make property settlement more complicated than simply dividing the value of assets held. Often neither person wants to sell the home, so the real negotiations often centre on how superannuation is divided.
Superannuation is treated as property in family law proceedings and can be dealt with through a superannuation splitting order under the Family Law Act 1975 (Cth). A splitting order allows one partner’s superannuation interest to be transferred to the other partner, helping to achieve a property settlement without selling the family home.
The issues that may arise here are that if the person receiving super is under 60, funds are not accessible until retirement, and may need to be balanced with some form of cash or property. Super splitting orders are treated in the same way as property settlement and spousal maintenance applications, and need to be initiated within 12 months of a divorce or 2 years of the breakdown of a de facto relationship, in line with sections 44(3) and 44(5) of the Family Law Act 1975 (Cth).
Getting started
Three simple steps to getting expert family lawyers on your side.
01
Book your free discovery call
Meet our Malvern family lawyers, discuss your situation and explore your options – with no obligation to proceed.
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 manage separation on your own. Book a free 30-minute consultation with our Malvern family lawyers for clear, practical advice about your circumstances. Call us on (03) 9067 5225 We’re open Monday to Friday, 9am to 5pm.
Our office is based in Carnegie, around 4.7 km from Malvern travelling by car along Koornang Road, Dandenong Road and Glenferrie Road. You’ll need to allow around 10-15 minutes, or longer in peak hours. There is parking at Carnegie Central via Arrawatta Street, as well as time-limited parking on Koornang Road. If you are travelling by train, both the Pakenham and Cranbourne lines service Carnegie and Malvern, but check your service before travelling as some peak trains run express through Malvern.
In most cases, you’ll only need to visit our office a few times during your property settlement matter, and any other appointments can be conducted by phone or online. We also offer document certification and JP services during limited hours on Thursdays.
In most cases, your paperwork will be filed online through the Commonwealth Courts Portal, but if court proceedings are necessary, your matter will generally be heard in the Melbourne registry of the Federal Circuit and Family Court of Australia, which is located on 305 William Street in Melbourne’s CBD.
Superannuation is treated as property in family law matters, and will be assessed alongside any other assets in the matrimonial property pool. It doesn’t matter whose name superannuation is in, because amounts can be transferred between partners during property settlement. Selling the home may be necessary, or it may be able to be kept – depending on what you both agree on, and what other assets are in the pool.
Not necessarily. The family home is considered as part of the overall property pool, and one person may keep it, and the other receives other assets, such as superannuation or investment properties. It’s important to weigh up whether it is practical to keep the family home, based on its value, what is owed on the mortgage and other liabilities, and each person’s financial situation.
For a married couple, there is generally no 12-month deadline running from the date of separation, and de facto couples have 2 years from the date of separation. Property settlement can occur any time before divorce also. It is generally sensible to deal with the property settlement without unnecessary delay.
Both can be used to formalise agreements reached in family law matters, but they vary in a lot of ways. Consent orders can be used for property, superannuation, spousal maintenance and parenting matters, and are approved by the court with each parties agreement. They do not require either party to seek legal advice, but it’s a good idea for both parties to do so.
A binding financial agreement is a private agreement that is made between parties, and both parties need to receive independent legal advice for the contract to be legally binding. They can offer more privacy and flexibility than consent orders, and are not approved by the court.
