Fogarty Oliver RothschildFamily law & Jewish family law

Plain English

Legal terms, explained simply

When you’re already stressed, the last thing you need is a lawyer using words nobody explains. So here are the ones people get stuck on most — family law, property, intervention orders, Jewish divorce and wills — explained the way Elisa would over a cuppa: in plain English, with no jargon. If a term you need isn’t here, just ask. There’s no such thing as a silly question.

Family law

Binding Financial Agreement (BFA)
A private agreement — a 'prenup', or one made during or after a relationship — about how property is divided. Each person must get their own legal advice for it to be valid, and it doesn't need a court's approval. Read more →
Property settlement
Dividing what you own and owe after separating — the home, savings, super and debts. There's no automatic 50/50; it's worked out under a four-step fairness test. Read more →
Parenting orders
Orders about where the children live, the time they spend with each parent, and how the big decisions get made. The court's only real focus is what's best for the children. Read more →
Section 60I certificate
A certificate from an accredited mediator showing you genuinely tried mediation before asking a court to decide about the children. You usually need one before starting a parenting case — with exceptions for safety or urgency. Read more →
Family dispute resolution (mediation)
A confidential, guided conversation with a neutral mediator to help you reach agreement without going to court. For most parenting matters you're expected to try it first. Read more →
Spousal maintenance
Financial support one former partner pays the other after separating, where one genuinely can't support themselves yet. It's separate from child support. Read more →
De facto relationship
Living together as a couple without being married. For dividing property and sorting out parenting, de facto couples generally have the same rights as married couples. Read more →

Property & conveyancing

Section 32 (Vendor's Statement)
The document a seller must give you before you sign, setting out the important facts about a Victorian property — the title, what's owed, zoning, owners corporation and more. Always have it checked before you sign anything. Read more →
Owners corporation
The body that runs the shared parts of an apartment or unit complex — collecting fees, maintaining common areas and making rules. Always search it before buying a unit. Read more →
PEXA
The secure online platform Victorian property settlements run through, so the money and the title change hands electronically on settlement day. Read more →
Disbursements
The out-of-pocket costs on top of legal fees — searches, council and water certificates, settlement-platform charges. They're charged at cost, with no markup. Read more →

Intervention orders & family violence

Intervention order (IVO)
A Victorian court order to protect someone from family violence or unsafe behaviour. It's a civil order, not a criminal charge — but breaching it is a criminal offence. Read more →
FVIO vs PSIO
An FVIO protects people in a family-like relationship (partners, ex-partners, family). A PSIO protects people who aren't family — neighbours, co-workers, acquaintances. Read more →

Jewish family law

The get
A Jewish religious divorce. A civil divorce ends a marriage under Australian law; the get ends it under Jewish law. Without it, an observant person generally can't remarry within the faith. Read more →
Agunah
Literally a 'chained' person — someone whose marriage has ended in practice but who can't obtain a religious divorce (get) from their spouse. Read more →
Halachic prenup
A Jewish-law prenuptial agreement designed so neither spouse can withhold the get if the marriage ends. It's drafted alongside a civil financial agreement so the religious and legal sides are both covered. Read more →

Wills & estates

Will
The legal document that says who receives your assets, who looks after carrying that out (your executor), and who cares for young children, after you die. Read more →
Probate
The court's confirmation that a will is valid, which lets the executor deal with the estate — release bank funds, transfer property and so on. Read more →
Family Provision claim
A claim by a spouse, child or dependant who believes a will didn't make fair provision for them. A court can adjust how the estate is shared. Read more →
Enduring Power of Attorney
A document letting someone you trust make financial or personal decisions for you if you lose capacity. It only operates while you're alive — a will deals with what happens after death. Read more →

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