Caulfield South is the quieter half of the Caulfield Jewish community — an established community of about 12,000 people, with around 40% of the suburb identifying as Jewish. It sits south of Glen Huntly Road, anchored around Central Shule Chabad, the South Caulfield Hebrew Congregation, Chabad House of Glen Eira and Mount Scopus Memorial College. The community here tends to be longer-settled and more family-oriented than the apartment-living of Caulfield North, but the legal needs are no different: civil divorce, the get, halachic considerations, the children's religious upbringing, property held in family trusts, and sometimes overseas assets in Israel. I'm Elisa Rothschild, principal at Fogarty Oliver Rothschild — 14 years in family and property law, with a deliberate Jewish family law specialty, from our office at 84 Chapel Street, St Kilda, about 5 kilometres away.
Who I help in Caulfield South
Established families navigating separation — families who've lived in the suburb for decades, with the home bought when prices were a fraction of today's, kids through Mount Scopus or Bialik, a family business or trust, and parents and in-laws living nearby with strong views. The legal work is rarely about the law itself; it's about untangling decades of intertwined finances and family expectations without burning the relationships that need to survive.
Younger families hitting their first big legal issue — couples in their thirties or forties, often with young children, who've never dealt with a lawyer for more than conveyancing and are frightened that involving a lawyer will accelerate the separation. Most of that work starts with a phone call where they're surprised I'm not pushing them toward litigation.
Clients where the get is the issue — sometimes the civil divorce is done and the get is still outstanding, sometimes the wife is civilly free but religiously bound by a husband who won't cooperate. This is agunah territory needing both Beth Din-side and civil-law strategy. I also act for clients with assets or family in Israel, and for non-Jewish Caulfield South residents — about half my work is general family law to the same standard regardless of background.
Jewish family law — civil divorce and the get, together
A civil divorce ends your marriage under Australian law. A get ends it under Jewish law. They are two completely separate processes and you generally need both — without the get, even after the civil divorce is finalised you remain married under halacha, with serious consequences for any future Orthodox marriage and, for a wife, for the halachic status of any future children.
The practice handles both sides: coordinating the civil divorce with the Melbourne Beth Din process so the timing works in your favour; drafting halachic prenups that also satisfy a Binding Financial Agreement under section 90B of the Family Law Act so one document works in both legal systems; acting in agunah matters where the get is refused or used as leverage; Jewish wills and estate planning that respect halachic inheritance principles while withstanding Victorian Family Provision scrutiny; and cross-border Israel-Australia matters through established relationships with Israeli lawyers and real estate advisors.
I work with the Melbourne Beth Din regularly and know the process, documentation and rhythm of how things move. That practical familiarity is what most clients say they were missing when they spoke to other family lawyers before finding the practice.
Property settlement when school fees and the family trust are both in play
Property settlement for Caulfield South families is rarely a textbook 50/50 split. The family home, bought twenty or thirty years ago and now worth two or three million plus, raises questions of whether one party can refinance to buy the other out and whether the kids stay put through their schooling. Family trusts — often set up decades ago with parents or in-laws as trustees or appointors — need careful work: the Family Court has substantial powers to look through these structures, but treatment depends on the facts.
Jewish day school fees at Mount Scopus, Bialik, Yeshivah or Beth Rivkah are a substantial line item, often $30,000–$45,000 per child per year, and both property settlements and parenting orders need to address who pays them and what happens if a parent later wants to move the kids to a non-Jewish school. Superannuation is often the second-largest asset, split under Part VIIIB of the Family Law Act, with self-managed funds adding complexity. Gifts and loans from parents, and Israeli or overseas property, also need careful handling — both for valuation and cross-border coordination.
The court's framework is the standard four-step process: identify the asset pool, assess contributions, assess future needs, determine what is just and equitable. The work isn't applying the framework — it's the disclosure, valuation, negotiation strategy, and protecting legitimate claims the other side may try to minimise or hide. Where matters can be settled by agreement I push for that; where the other side won't engage, I'll run the matter through the Federal Circuit and Family Court as far as it needs to go.
Parenting matters — religious upbringing, Yomim Tovim, the schooling question
Parenting matters for Caulfield South families almost always have a religious-cultural overlay that standard parenting plans don't address. The 2024 reforms repealed the presumption of equal shared parental responsibility; the test now focuses on the best interests of the child, with safety as the paramount consideration.
The issues that come up include religious upbringing (who decides kashrus standards, Shabbos observance, bar/bat mitzvah preparation, continued Jewish education), the Yomim Tovim (Pesach, Rosh Hashanah, Yom Kippur, Sukkot and Shavuot are not generic school holidays and need to be addressed explicitly), schooling (which school, who pays, and locking those decisions into orders), and relocation including aliyah — one of the most legally complex and fact-specific parenting matters, where early advice is essential.
Practical realities also need to be built into orders: phone contact isn't possible on Shabbos in an Orthodox home and handovers need to happen before sunset. I draft parenting plans and consent orders that address these explicitly, and contest matters where they need to be contested — though most parenting matters can be resolved by careful negotiation and proper drafting if both parents engage genuinely.
Intervention orders, wills and conveyancing
Family Violence Intervention Orders (FVIOs) and Personal Safety Intervention Orders (PSIOs) are handled regularly through the Magistrates' Court — I act for both applicants and respondents. The consequences are serious for employment, firearms licensing, parenting and immigration status, so they deserve focused, experienced representation.
Wills and estates work covers standard wills and powers of attorney, halachic wills drafted to survive Family Provision claims, estate administration and contested estate matters — done with the full picture in mind for families with international assets or complex structures. Conveyancing is handled in-house and is often connected to a family law matter — selling the family home, refinancing, transferring property as part of a settlement, or buying post-separation — so keeping it within the one firm avoids timing problems.
The first consultation, fees and Legal Aid
The first 45 minutes are free, with no obligation. You call or send an enquiry; the team takes your details and a brief overview sensitively, and Elisa calls you back personally, usually the same day once she's out of court. The consultation is direct with Elisa — phone, Zoom, or in person at the St Kilda office, about ten minutes from most of Caulfield South. We cover what's happened, the realistic options in plain English, the next concrete step, and what it would cost.
Initial consultation is free, with honest cost ranges discussed upfront and fixed fees where possible. Victorian Legal Aid is available for eligible clients, assessed at the first consultation. Billing is from trust with regular itemised bills, so you can adjust or stop the scope at any point.
Jewish family law
Specialist Jewish family law service for Caulfield South
Elisa Rothschild runs a dedicated Jewish family law practice covering civil divorce coordinated with the get, halachic prenuptial agreements, and Jewish wills and estates. The Melbourne Beth Din, the local Orthodox community and the major Jewish day schools are all part of the practical context she works in every day.
Read more about Jewish family law →Frequently asked questions — family law in Caulfield South
Is Caulfield South different from Caulfield North for legal purposes?+
Legally, no — both are in Glen Eira and matters proceed through the same courts. Practically, the communities differ in character: Caulfield North is denser, more apartment-living and more inner-city Jewish institutional infrastructure, while Caulfield South is more suburban, more family-home oriented and more longer-settled families. The legal issues are the same; the way clients describe their lives is sometimes different.
Do I need to come to the St Kilda office?+
No. Phone, Zoom and in-person are all available and most clients use a mix. Many Caulfield South clients do the first consultation by Zoom and then come in for in-person meetings when documents need signing or matters need detailed discussion. The office is about a ten-minute drive from most of Caulfield South.
My spouse won't agree to a get. What can I do?+
This is one of the hardest positions in Jewish family law and there's no single answer. There are civil law mechanisms, Beth Din-side pressure, and community advocacy options. The right strategy depends on the specifics — including timing, the husband's circumstances and what's already been said — and the starting point is a confidential conversation.
What's the difference between a halachic prenup and a Binding Financial Agreement?+
A halachic prenup is recognised by the Beth Din and addresses Jewish law obligations — particularly the husband's obligation to support the wife and to deliver the get without delay. A Binding Financial Agreement is recognised under Australian law and addresses civil property and spousal maintenance rights. For Jewish couples both are usually needed, and the same document can sometimes do both jobs if drafted carefully. Most family lawyers don't draft halachic prenups and most rabbis don't draft BFAs — this practice does both.
I've already started with another lawyer. Can I change to you?+
Yes. Changing lawyers mid-matter is more common than people realise. There's a routine process for transferring the file from your previous solicitor, and there's no awkwardness involved in it.
How long does a divorce take?+
A civil divorce application takes about 3-4 months once the 12-month separation threshold has been met, assuming both parties cooperate. Property settlement is a separate process and timing varies enormously — agreed consent orders can be done in a few weeks; fully contested litigation can take two to three years. Most matters resolve in between.
Do you act for non-Jewish clients?+
Yes. About half my work is general family law for clients of all backgrounds. The Jewish family law specialty is available where it matters and stays in the background where it doesn't.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Last reviewed 2026-05-22.