Fogarty Oliver RothschildFamily law & Jewish family law

Family Lawyer · 3162

Family Lawyer in Caulfield South

The quieter, longer-settled half of the Caulfield Jewish community — practical family law with a Jewish family law specialty.

5 km from the office at 84 Chapel St, St Kilda.

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Family law in Caulfield South — speak to Elisa

Tell Elisa what's going on and she'll personally call you back — usually the same day. The first consultation is free, with no obligation.

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Confidential, no obligation. Elisa will personally call you back — usually the same day.

No call centre. No junior. Your enquiry goes straight to Elisa.

  • Your matter is handled personally by Elisa Rothschild BA/LLB — the principal, not a junior or paralegal.
  • Kids-first and settlement-focused — we work to keep you out of court wherever we can.
  • A free, confidential first consultation — no obligation, just an honest read of where you stand.
  • Legal Aid available for eligible clients. 4.2 on Google, Law Institute of Victoria member, in practice since 2012.
4.2 on Google · 33 reviews·Member, Law Institute of Victoria·In practice since 2012

Elisa is professional, efficient, friendly and a pleasure to work with. I will definitely be enlisting her services again in the near future.

Amanda Straw'n · Google review

Caulfield South is the quieter, more settled half of the community — longer-established families, homes rather than apartments — but a separation hurts no less for it. If your family is coming apart here, you're probably holding worry about the kids, the house, the get, and what people will think all at the same time. You don't have to carry it alone. Elisa handles the civil divorce, the property settlement (including family trusts and any Israeli assets), and the get and Beth Din where it matters — calmly, and with genuine care for how your children come through it. With 14 years in family and property law and a deliberate Jewish family law specialty, she'll help you find a fair, dignified way forward rather than a fight.

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.

Family law help for Caulfield South, whatever you're facing

Whatever stage you're at, you don't have to work it out on your own. Here's how I help Caulfield South families — calmly, honestly, and always on your side.

Divorce lawyer in Caulfield South

From the divorce application itself through to dividing property and sorting arrangements for the children — handled one calm step at a time, in plain English. See how I help with divorce →

Child custody & parenting lawyer in Caulfield South

Where the children live, time with each parent, and how the big decisions get made — always guided by what's genuinely best for them, never point-scoring. Parenting & children's issues →

Property settlement lawyer in Caulfield South

Dividing the home, superannuation, savings and debts fairly, with as little conflict as possible. How property settlement works → · What a family lawyer costs →

Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Last reviewed 2026-05-28.

Frequently asked

What other clients commonly ask

Do I need a get if I'm getting an Australian divorce?

If you're Jewish and intend to remain part of the Jewish community — particularly if you may remarry within the faith — yes, you need a get in addition to your civil divorce. A civil divorce alone doesn't end a Jewish marriage under halacha.

Read more

What happens if a husband refuses to give the get?

This is the classic agunah problem. Australian civil courts can't directly compel a get (it must be voluntary under halacha), but courts have, in some cases, treated get refusal as relevant conduct in property settlement. Beth Din processes and parallel civil pressure can break deadlocks.

Read more

Can a halachic prenup be enforced in Australia?

A standalone halachic prenup is a religious agreement, not directly enforceable in an Australian civil court. But the substance can be reflected in a Binding Financial Agreement under the Family Law Act, which IS enforceable. One document, both systems.

Read more

Can I leave more to my sons than my daughters in a Jewish will?

You can, but daughters have standing under Part IV of the Administration and Probate Act 1958 (Vic) to claim further provision. The shtar chatzi zachar approach — substantially equalising daughters' provision while remaining halachically compliant — is the standard Australian solution.

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Do you work with families across the Jewish spectrum, not just Orthodox?

Yes. Elisa acts for Orthodox, Modern Orthodox, Conservative, Reform/Progressive and culturally Jewish clients. The relevant religious framework varies and the drafting is calibrated to your family's actual practice — never assumed.

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Still got a question we haven’t answered? The first conversation with Elisa is free — usually same-day callback.

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