Nobody plans for a separation, and when it happens it can feel like your whole life is up in the air. You might be lying awake worrying about the children, the mortgage or how you'll manage on one income. Those worries are real, and they deserve proper answers. I'm Elisa Rothschild, principal at Fogarty Oliver Rothschild, and I've practised family law since 2012. I'm admitted in Victoria and to the High Court of Australia, which enables me to act in family law matters Australia-wide. Family law is federal: the Family Law Act 1975 (Cth) applies in Queensland exactly as it does in Victoria, Queensland de facto couples are covered by the same Act as married couples, and applications are filed online with the Federal Circuit and Family Court of Australia. I work with Brisbane clients by video, phone and email, and I handle every matter myself.
Separating in Brisbane
Brisbane has grown fast, and many couples have stretched to buy as prices rose — in the inner suburbs, out towards Moreton Bay and the Redlands, or in newer estates on the city's edges. When a relationship ends, the family home, the mortgage and superannuation are often most of what there is to divide, and getting that right matters for both of you starting again.
Many Brisbane families also moved up from interstate and don't have extended family close by. If you're thinking about moving with the children — back to family in another state, for example — please talk to me before you do. Relocating children without agreement or orders can have serious consequences, and there are better ways to approach it.
Consent orders and Binding Financial Agreements
If you and your former partner have reached an agreement, consent orders make it final and enforceable. I draft the Application for Consent Orders and the proposed orders, check the financial disclosure behind them, and explain every clause before you sign. They're filed online with a $205 filing fee and decided by a registrar on the papers — nobody has to go to court. Property orders must be just and equitable, and parenting orders must be in the children's best interests.
A Binding Financial Agreement is the private alternative: a contract under the Family Law Act that doesn't need court approval, made before, during or after the relationship. Each of you must receive independent legal advice before signing, so I act for one of you only.
Divorce, time limits and the Brisbane registry
After 12 months of separation, you can apply for divorce on your own or jointly through the Commonwealth Courts Portal. The filing fee is $1,125, or $375 with a concession. Divorce doesn't divide property, and the time limits are important: generally 12 months after the divorce takes effect for married couples, and two years from separation for de facto couples.
The Federal Circuit and Family Court has a registry in Brisbane. Agreed matters don't require anyone to attend. 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 if that's ever needed so you're not managing two sets of lawyers.
Queensland things to check, and what it costs
If the home or another property is being transferred between you, Queensland generally exempts transfers made under family law orders or a Binding Financial Agreement from transfer duty, subject to conditions — we check how that applies before anything is finalised. Domestic violence protection orders are made by the Queensland Magistrates Court under Queensland law, and I'll help you work out what needs to happen locally if that's part of your situation.
My fees for Queensland clients are lower than my Victorian fees, because I don't want cost to keep anyone from good advice. A joint divorce application is $750 and a sole one $990. Consent orders are $990 for property only or parenting only, and $1,490 for both. A straightforward BFA starts from $1,490, and complex agreements range from $2,990 to $4,950. Court fees are extra. Your fee is confirmed in writing after the free 30-minute consultation, before any work starts.
If you're not safe
If you or your children are in danger, call 000. For confidential support at any time, call 1800RESPECT (1800 737 732). Please tell me about any safety concerns at the start, because they change what belongs in a parenting arrangement, and your safety always comes first.
Frequently asked questions — family law in Brisbane
Can a Melbourne family lawyer act for me in Brisbane?+
Yes. Family law is federal, so the Family Law Act 1975 applies in Queensland exactly as in Victoria, and applications are filed online with the Federal Circuit and Family Court of Australia. I'm 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 Brisbane clients by video and phone.
Do I need to go to the Brisbane registry?+
For an agreed outcome, no. Divorce and consent order applications are filed online and decided on the papers. If a contested hearing is ever needed, I appear by video link where the court permits, or in person where required.
Can I move interstate with the children after separating?+
Not safely without the other parent's agreement or a court order. Moving children away from the other parent can lead to urgent court applications. If you're thinking about relocating, talk to me first so we can look at the right way to approach it.
How much does a divorce cost for Brisbane clients?+
My fixed fee for Queensland clients is $750 for a joint application and $990 for a sole one, plus the $1,125 court filing fee ($375 with a concession). Your fee is confirmed in writing before any work starts.
Will I pay transfer duty if the house is transferred to me?+
Queensland generally exempts transfers between former partners made under family law orders or a Binding Financial Agreement from transfer duty, 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 happening and what worries you most, and I give you an honest read on your options, the likely next steps and roughly what it would cost. It's by video or phone, confidential, and there's no obligation.
Family law help for Brisbane, 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 Brisbane families — calmly, honestly, and always on your side.
Divorce lawyer in Brisbane
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 Brisbane
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 Brisbane
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.