Separating when your children are small and you've only recently bought a home can be especially frightening. The plans you made together suddenly don't fit any more, and it's hard to see how two households will work on the money that was stretched to cover one. If that's your situation, please know that a lot of people have stood exactly where you are and come through it. I'm Elisa Rothschild, a family lawyer since 2012, practising from St Kilda in Melbourne. I'm admitted in Victoria and to the High Court of Australia, which allows me to act in family law matters anywhere in Australia, and I work with people across Gungahlin — Franklin, Harrison, Ngunnawal, Amaroo, Casey, Bonner, Throsby and the town centre — by video, phone and email. I handle every matter myself, and I'll always take the time to explain.
When there's a mortgage but not much equity
Many Gungahlin households bought in newer estates, sometimes not long ago, which can mean a substantial mortgage and less equity than people expect. Property settlement in that situation is about more than dividing a number. It's about who can realistically refinance, whether selling makes more sense, how any debts are shared, and how to protect each of you from being left liable for a loan you no longer benefit from.
I'll help you understand the options and what the law considers — contributions, including caring for children, and each person's future needs. If you agree on a division, consent orders make it final and enforceable. My fixed fee for Gungahlin clients is $990 for property only or parenting only and $1,490 for both, plus the $205 court filing fee.
Young children and parenting arrangements
Parenting arrangements for babies, toddlers and primary-school children often look different from arrangements for teenagers, and they usually need room to change as the children grow. The law focuses on the children's best interests, including their safety and their meaningful relationships with both parents where that is safe.
I'll help you shape an arrangement that suits your children's ages now, with sensible provision for how it might change over time. If you'd like it to be legally binding, consent orders are the way to do that, and they're filed online without anyone needing to attend court.
Binding Financial Agreements for couples in Gungahlin
Not everyone who contacts me is separating. Some couples are moving in together, buying a first home or getting married, and want to agree now how things would be divided if the relationship ended. A Binding Financial Agreement does that. It's a private contract under the Family Law Act, and each of you must get independent legal advice before signing, so I act for one of you only.
For ACT clients, a straightforward BFA starts from $1,490, and more complex agreements range from $2,990 to $4,950. I'll explain what the agreement means in practice and make sure you're comfortable with it before you sign.
Divorce, time limits and lower ACT fees
You can apply for divorce once you've been separated for 12 months. If you were married for less than two years, the court will usually need a certificate showing you've considered reconciliation with a family counsellor, unless there are special circumstances. The court fee is $1,125, or $375 at the concession rate. My fixed fee for Gungahlin clients is $750 for a joint application and $990 for a sole one — lower than my Victorian fees, because I want good advice to be within reach. Married couples generally have 12 months after divorce, and de facto couples generally two years from separation, to apply for property orders.
Your fee is confirmed in writing after our free 30-minute consultation, before any work starts. If you're worried about your safety, call 000 in an emergency or 1800RESPECT (1800 737 732) for confidential support. ACT family violence orders are made by the ACT Magistrates Court, and I can help you understand how one fits with your family law matter.
Frequently asked questions — family law in Gungahlin
We owe more than the house is worth. Is there anything to settle?+
Yes. Property settlement deals with debts as well as assets, and it's important to formalise who is responsible for the mortgage and any other loans. Without that, you could stay liable for a debt even after you've moved on.
We were married for less than two years. Can we still divorce?+
Yes, once you've been separated for 12 months. You'll usually need a certificate from a family counsellor showing you've considered reconciliation, unless there are special circumstances such as family violence. I can explain what applies to you.
Can we make a BFA before buying a home together?+
Yes. Couples often make a Binding Financial Agreement before moving in, buying property or marrying. Each of you needs independent legal advice. For ACT clients a straightforward BFA starts from $1,490.
How do I make a parenting arrangement legally binding?+
Through consent orders. Once you've agreed, the orders are filed online with the Federal Circuit and Family Court and decided by a registrar on the papers. My fixed fee for parenting-only consent orders is $990, plus the $205 court fee.
Can you help if my partner already has a lawyer?+
Yes. It's common for each person to have their own lawyer, and for a Binding Financial Agreement it's required. I act only for you, and I'll communicate with your former partner's lawyer on your behalf.
Family law help for Gungahlin, 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 Gungahlin families — calmly, honestly, and always on your side.
Divorce lawyer in Gungahlin
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 Gungahlin
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 Gungahlin
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.