We help people separating in South Yarra divide property and superannuation, create parenting arrangements, and formalise both so they are legally binding. Start with a free discovery call and we will match you with the right lawyer.
When a relationship ends, dividing property and superannuation can be challenging, and many people are not sure where they stand, especially if they never married.
At Hamilton Thomas Lawyers we advise clients across South Yarra and the inner south on property settlements, on parenting arrangements where there are children, and on formalising outcomes through consent orders or a binding financial agreement. Our approach is negotiation first, and we work to resolve matters without court wherever that is realistic.
We start by identifying the property and superannuation on both sides and what each of you contributed, then handle the financial disclosure. Your first call is free, and costs are set out in writing before any work starts.
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How we help
We help our South Yarra clients with family law matters including property and superannuation.
Assessing what you own between you, what each contributed, and what a fair division looks like.
Helping you with property rights after a de facto relationship ends, or with establishing a de facto relationship existed.
Assisting you to split super under Part VIIIB, including valuation and documentation your fund will accept.
Support with separation matters and divorce applications and ensuring you understand how these dates affect deadlines for your property settlement.
Formalising what you agreed so it is legally binding, and reduces the risk of claims later on
Support for financial support after separation, whether you need it or have been asked to pay it.
For most separating couples, the property side is where the legal side starts. The first question is the same – what am I actually entitled to? We answer it by identifying everything on both sides and looking at what each of you contributed.
Property is altered under s 79 of the Family Law Act 1975 (Cth) if you married and s 90SM if you did not, and working out who gets what starts by looking at contributions. Whose name is on the title does not decide the outcome. An apartment in one name, a common scenario in South Yarra, still forms part of what gets divided. Who stays in the home is a separate question again.
If you never married, we can tell you whether you qualify to apply for settlement. De facto relationships are far more common in South Yarra than nationally, and the rules are not what most people assume. Two years together is only one of four ways to establish a relationship under s 90SB, alongside a child of the relationship, a registered relationship, substantial contributions or when not proceeding with settlement would be a serious injustice.
Superannuation is part of the pool too. Splitting sits in Part VIIIB of the Act, and a split needs to be drafted and worded in a way the fund will accept. If the pool has a mortgaged apartment and two super balances, super may be a large part of the pool.
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.
If you separated a while ago and are wondering whether you have left property matters too late, it will depend on the type of relationship you had, and if you have gone through the divorce process if you were married.
If you were married, you have 12 months to apply for property orders under s 44(3), and that clock starts when your divorce order takes effect, not when you separated. If you have not divorced, no deadline is running yet.
If you were in a de facto relationship, you have two years from the day your relationship ended, under s 44(5). Past either date the court can still grant leave to apply out of time under s 44(4) and s 44(6), but only where refusing would cause hardship. We can work out which of these applies to you.
If you are visiting our office by car it is 9.5 km, mostly down Dandenong Road, about 15 minutes outside peak and 20 to 25 in heavy traffic.
If you are coming by train, please check the timetable before you leave! From 1 February 2026 the Cranbourne and Pakenham lines run through the Metro Tunnel and no longer stop at South Yarra, so the trip is a Frankston line train to Caulfield, then a change for Carnegie.
Parking is at Carnegie Central, in from Arawatta Street.
A Justice of the Peace is in the office on Thursdays for free document certification, within limited hours, though we cannot advise on the documents we certify.
Property matters are usually resolved by negotiation and finalised by consent orders, without anyone appearing in court. That is what we work towards.
If a matter does have to be filed, one from South Yarra is ordinarily filed in the Federal Circuit and Family Court of Australia Melbourne registry, at the Commonwealth Law Courts Building on William Street. Filing is electronic, through the Commonwealth Courts Portal, so there is no trip into the city to begin proceedings.
Getting started
Three simple steps to getting expert 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.
Start with a free discovery call. We will listen to what has happened and match you with the right lawyer on our team, in person or online. Book your free discovery call, or call us to make a time.
In most cases, you’ll only need to come in two or three times across your matter. First appointments can run by video, and disclosure, correspondence and negotiations can run remotely if required.
Generally yes. Owning it first does not take it out of the property available for division. It counts as a contribution you both made at the start, weighed against what each of you put in since.
We cannot put a figure on it before we know what is involved. After the free first call we look at the size of the pool, how straightforward disclosure will be, and how far apart you are in terms of agreement. Costs are provided in writing before work starts.
Broadly yes, once the relationship qualifies as de facto. Property is altered under s 90SM rather than s 79, on the same principles. What differs is the qualifying test in s 90SB and the two-year limit to start proceedings.
That depends on whether you were married. For a de facto relationship the two-year period in s 44(5) has run, so you need the court’s leave, which will look at whether it is just to allow a late application. If you married and never divorced, no deadline is running, because s 44(3) starts from the divorce order.
Serving Melbourne
Based in Carnegie. We see clients in person or online, whichever suits you.
