Fogarty Oliver RothschildFamily law & Jewish family law

How I help

Common situations I handle.

Composite scenarios illustrating typical matters across family law, Jewish family law, property settlement, intervention orders and estate planning. The situations below are illustrative — not specific client matters — and the outcomes are within the realistic range, not promises.

Jewish family law

Separating couple needing a get coordinated with civil divorce

The situation

An observant Caulfield couple, married 14 years with two school-aged children, have decided to separate. They are committed to ending things civilly. The wife is concerned about being left an agunah; the husband says he will cooperate but has not understood what coordination actually involves.

My approach

Initial consultation establishes the timing. I sequence the civil divorce application to coincide with — but not precede — the Melbourne Beth Din appointment for the get, so both sides retain incentive to complete the religious step. Property settlement is negotiated in parallel; the get is granted at the Beth Din two weeks after the civil application is filed.

Realistic outcome

Civil divorce order made; get granted at the Beth Din; consent orders for property settlement and parenting filed. Total cost in the negotiated-settlement range. The wife is not left chained; the husband is not used as leverage. Total time from initial consultation to final orders: around 10 months.

Property settlement

Brighton family with substantial property and a complex super position

The situation

A Brighton couple separating after a 22-year marriage. Three children, two adult. Family home worth $2.6m, an investment property in Hampton, two SMSF accounts with significantly different balances, and the husband's interest in a family-owned business. Both parties want to settle out of court if possible.

My approach

Full disclosure on both sides, single-expert valuation of the SMSFs and the business. Worked alongside both parties' accountants to identify a settlement structure that minimised CGT exposure. Mediation booked early; matter settled at mediation rather than proceeding to court.

Realistic outcome

Property pool divided 52/48 in the wife's favour reflecting her larger child-care contribution. Consent orders filed; stamp-duty-free transfer of the family home; super split executed. The matter resolved in approximately 9 months, at a fraction of the cost of a contested final hearing.

Parenting matter

Religious schooling dispute after separation

The situation

Separated parents in St Kilda East with three children at Jewish day schools. The father wishes to withdraw the children to a state school for financial reasons; the mother considers Jewish day school enrolment fundamental to the children's upbringing. The parents have shared parental responsibility for long-term decisions.

My approach

Established schooling as a long-term major decision requiring consultation under the existing parenting orders. Identified means-tested bursaries available through the schools and worked with the parents on a contribution-share that addressed the father's affordability concerns without removing the children from the school. Beth Din involvement offered but not pursued.

Realistic outcome

Children remained at the Jewish day school; revised contribution structure negotiated; parenting orders varied by consent to specifically address future school-fee disputes.

Agunah situation

Husband using the get as financial leverage

The situation

Two years after civil separation, the wife had completed her civil divorce but the husband refused to attend the Melbourne Beth Din to grant the get. He raised the prospect of granting the get only if the wife paid him a substantial sum from her separately-held inheritance.

My approach

Coordinated with the Beth Din on hazmana (formal summons) escalation. Filed a section 79 property settlement variation application in the FCFCA flagging the get refusal as conduct relevant to the section 75(2) future-needs assessment. Cited recent Australian case law on get refusal as relevant conduct.

Realistic outcome

Husband attended the Beth Din after the FCFCA application was filed but before it was heard. Get granted. The pressure of the parallel civil-law strategy, combined with the Beth Din processes, broke the deadlock. Costs ultimately resolved by negotiation.

Intervention order

Family Violence Intervention Order — defending a contested matter

The situation

A respondent served with an interim FVIO based on allegations that the respondent disputed in significant respects. The interim order's exclusion-from-home condition prevented the respondent from returning to the family home or having unsupervised time with the children.

My approach

Reviewed the police materials, statements from both sides, and the relationship history. Negotiated with the Police Prosecution to consent to a final order without admission, with modified conditions allowing supervised parenting time at a contact centre. Coordinated parallel parenting orders so the FVIO conditions and parenting arrangement aligned.

Realistic outcome

Final intervention order made by consent (no admission); modified conditions allowing safe parenting contact; criminal record unaffected; firearms licence (relevant to the respondent's employment) retained. Matter resolved at the directions hearing rather than proceeding to a contested final hearing.

Jewish estate planning

Drafting a will for a Caulfield grandmother with adult children of varying observance

The situation

A widow in her 70s with three adult children — one Orthodox son, one secular daughter, one daughter who had married out of the faith. Wanted a will that reflected halachic inheritance preferences (sons inheriting the home) but also did not create a Family Provision claim risk from the daughters.

My approach

Drafted a will using a shtar chatzi zachar to substantially equalise provision between sons and daughters. Made provision for specific bequests to Jewish charities the client supported. Included a statement of wishes recording the rationale, available if a Family Provision claim were ever made. Coordinated with the client's accountant on tax-effective structures.

Realistic outcome

Will executed in compliance with both halacha and the Wills Act 1997 (Vic). Family Provision exposure substantially reduced. The client knew her values were honoured and her children were treated fairly.

Important note. The scenarios above are illustrative composites drawn from typical matters this firm handles. They are not specific client cases. Any resemblance to a particular client is coincidental. Past outcomes in unrelated matters do not guarantee outcomes in your matter — each matter is determined on its own facts. For advice on your specific situation, book a free initial consultation.

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