If you're reading this, there's a good chance things are hard right now. A separation turns everyday life upside down — your home, your money, time with your children — and it's completely normal to feel overwhelmed. You deserve someone who will listen, explain things in plain English and take the time to get it right. Whether you live in Belconnen, Tuggeranong, Gungahlin, Woden or the inner north, family law is federal: the Family Law Act 1975 applies in the ACT exactly as it does in Victoria, ACT de facto couples are covered by the same Act as married couples, and divorce and consent order applications are filed online with the Federal Circuit and Family Court of Australia. I'm Elisa Rothschild, principal at Fogarty Oliver Rothschild, practising family law since 2012. I am admitted in Victoria and to the High Court of Australia, which enables me to act in family law matters Australia-wide, and I work with Canberra clients by video, phone and email, handling every matter myself.
Consent orders in Canberra and the ACT
If you and your former partner have worked out how to divide your property or share the care of your children, consent orders turn that agreement into final, enforceable court orders. The Application for Consent Orders (Form 11) and the proposed orders are filed online with the Federal Circuit and Family Court, with a $205 filing fee, and a registrar decides them on the papers — neither of you has to go to court. The orders must be just and equitable for property, and in the children's best interests for parenting.
I draft the orders carefully so they say exactly what you agreed and are ready to be approved, check the financial disclosure behind them, and go through every clause with you before you sign. Separation often brings real financial pressure, and I never want cost to be the reason you go without proper advice — so my fixed fees for ACT clients are lower than my Victorian fees: $990 for consent orders covering property only or parenting only, and $1,490 for both, plus the court fee. Your fee is confirmed in writing after the free 30-minute consultation.
Binding Financial Agreements (BFAs) in the ACT
A Binding Financial Agreement is a private contract under the Family Law Act that sets out how property and superannuation will be divided, without a court approving it. ACT couples make them before marrying or moving in together (often called a prenup), during the relationship, or after separating. Each of you must receive independent legal advice before signing, so I act for one of you only and your partner needs their own lawyer.
A BFA is only as strong as the way it's made: full disclosure, genuine time to think it over, and careful drafting. For ACT clients, a straightforward BFA starts from $1,490, and more complex agreements range from $2,990 to $4,950 — confirmed in writing after the free consultation, before any work starts.
Divorce and property settlement in the ACT
You can apply for divorce once you've been separated for 12 months, on your own or jointly, online through the Commonwealth Courts Portal, for the same $1,125 filing fee ($375 with a concession) as anywhere outside WA. My fixed fee for ACT clients is $750 for a joint application and $990 for a sole one, and I'll guide you through each step so nothing feels like a mystery. Divorce ends the marriage but doesn't divide property, so property settlement is a separate step — by agreement through consent orders or a BFA, or through the court if you can't agree.
Time limits matter: married couples generally have 12 months from the divorce taking effect to apply for property orders, and de facto couples generally two years from separating.
What's specific to the ACT
ACT cases are handled by the Federal Circuit and Family Court through its Canberra registry. If a hearing is needed, I appear by video link where the court permits, or in person where the matter requires it, and brief local counsel where needed so you're not managing two sets of lawyers. Queanbeyan and the surrounding region are in NSW, so if you live just over the border, my NSW page will be the better guide — the family law is the same either way.
If the family home or other property is being transferred between you, the ACT generally provides relief from duty for transfers made under family law orders or a Binding Financial Agreement, subject to conditions — we check how that applies before the orders are finalised. Family violence orders are made by the ACT Magistrates Court under ACT law; if you need one, or are facing one, I'll help you work out what needs to happen locally. In an emergency call 000, or 1800RESPECT (1800 737 732) for confidential support.
Frequently asked questions — family law in Canberra & the ACT (online)
Can a Melbourne family lawyer act for me in Canberra?+
Yes. Family law is federal, so the Family Law Act 1975 applies in the ACT exactly as in Victoria, and applications are filed online with the Federal Circuit and Family Court of Australia. I am admitted in Victoria and to the High Court of Australia, which enables me to act in family law matters Australia-wide, and I work with Canberra clients by video and phone.
How much do consent orders cost in the ACT?+
The court filing fee is $205, the same in every state and territory except WA. For ACT clients my fixed fees are $990 for property only or parenting only and $1,490 for both — lower than my Victorian fees, because I'd much rather you get good advice early than struggle on alone. Your fee is confirmed in writing after a free 30-minute consultation and before any work starts.
Is a Binding Financial Agreement valid in the ACT?+
Yes. A Binding Financial Agreement made under the federal Family Law Act is valid in the ACT for married and de facto couples, provided the strict requirements are met — most importantly, that each of you receives independent legal advice before signing.
Do I need to go to court in Canberra?+
For an agreed outcome, no. Consent orders and divorce applications are filed online and decided on the papers. If a contested hearing is needed, I appear at the Canberra registry by video link where the court permits, or in person where required.
Will I pay duty if the house is transferred to me in the ACT?+
The ACT generally provides relief from duty for transfers between former partners made under family law orders or a Binding Financial Agreement, subject to conditions. We check how that applies to your property before anything is finalised.
What happens in the free 30-minute consultation?+
You tell me what's going on and what's worrying you most, and I give you an honest picture: your options, the likely next steps, roughly what it could cost, and whether you even need a lawyer for what comes next. It's by video or phone, completely confidential, and there's no obligation.
Family law help for Canberra & the ACT (online), 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 Canberra & the ACT (online) families — calmly, honestly, and always on your side.
Divorce lawyer in Canberra & the ACT (online)
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 Canberra & the ACT (online)
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 Canberra & the ACT (online)
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.