If you're separating, you might feel as though the life you built has suddenly become a list of hard questions. Who stays in the house? How will the children move between two homes? What happens to everything we worked for? It's a lot to hold, and it's okay to feel shaken by it. Mount Barker has grown quickly, and many families here chose the Hills for a bit more space — a new home in one of the growing estates, a few acres, or a commute down the South Eastern Freeway in exchange for a quieter life. Those choices often shape what a fair and workable separation looks like. Family law is federal, so the law here is exactly the same as in Victoria: the Family Law Act 1975 applies to married and de facto couples, and applications go to the Federal Circuit and Family Court of Australia. I'm Elisa Rothschild, principal at Fogarty Oliver Rothschild. I'm admitted in Victoria and to the High Court of Australia, which allows me to act in family law matters across Australia, and I work with Hills clients by video, phone and email. I handle every matter myself, and I'll take the time you need.
Homes, acreage and the property pool
For many Hills families, the home is far more than bricks and mortar — it might be a new build you planned together, or acreage with animals, sheds and gardens you've poured years into. In a property settlement, the home is considered alongside superannuation, savings, vehicles, any business and debts, and the court looks at what each of you contributed and what each of you will need.
Sometimes one person can keep the property and the other receives a fair share in other ways; sometimes selling is the better choice. I'll help you understand the options without pressure, so you can decide what's right for you.
Children across two Hills homes
Distances in the Hills can make shared care a real logistical puzzle — schools in one town, sport in another, and a parent who works in the city. Parenting arrangements can take all of that into account, including school-run days, changeover points and holiday time, and can be agreed in a parenting plan or made into consent orders.
The law focuses on the children's best interests, whether you were married or not. If one of you is thinking of moving further away, it's important to get advice before making that decision.
Consent orders and BFAs
Consent orders make your agreement final and enforceable. They're filed online with the Federal Circuit and Family Court, with a $205 filing fee, and a registrar decides them on the papers. My fee is $990 for property only or parenting only, or $1,490 for both, plus the court fee.
A Binding Financial Agreement is a private alternative for property, and couples also use them before moving in together or marrying. A straightforward BFA is from $1,490, with complex agreements from $2,990 to $4,950. Each of you needs independent legal advice before signing.
Divorce and time limits
Once you've been separated for 12 months, you can apply for divorce online, alone or jointly. The court filing fee is $1,125, or $375 with a concession, and my fee is $750 for a joint application or $990 for a sole one. Divorce doesn't divide property, which is a separate step.
Married couples generally have 12 months after the divorce takes effect to apply for property orders, and de facto couples generally two years from separation.
Safety, court and stamp duty
If you or your children are unsafe, call 000 in an emergency or 1800RESPECT (1800 737 732) for confidential support. Intervention orders in South Australia are made by the Magistrates Court. Family law matters go through the Federal Circuit and Family Court's Adelaide registry, and I appear by video link where the court permits, or in person where required.
If property is transferred between you under family law orders or a BFA, South Australia generally provides relief from stamp duty, subject to conditions — we'll check how that applies to your property.
What it costs
My fees for South Australian clients are lower than my Victorian fees. Separation brings enough financial strain, and I want proper advice to feel within reach. After a free 30-minute consultation, I confirm your fee in writing, and nothing starts until you're happy to go ahead.
Frequently asked questions — family law in Mount Barker
Can you act for me in the Adelaide Hills from Melbourne?+
Yes. Family law is federal, so the same Act and court process apply in South Australia as in Victoria. I'm admitted in Victoria and to the High Court of Australia, and I work with Hills clients by video and phone.
We own acreage. How is it valued and divided?+
Rural and acreage properties are usually valued, often by an agreed valuer, and considered with all your other assets and debts. One of you may be able to keep the property with the other receiving a fair share another way, or it may be sold. I'll explain the options in the free consultation.
How do parenting arrangements work when we live in different Hills towns?+
Arrangements can take school locations, travel times and work commutes into account, with clear changeovers and holiday plans. The focus is always on what's best for the children.
How much does a divorce cost?+
The court filing fee is $1,125, or $375 with a concession. My fee is $750 for a joint application or $990 for a sole one — lower than my Victorian fees — confirmed in writing after the free consultation.
What happens in the free consultation?+
You tell me what's happening, and I listen and give you a clear picture of your options and likely next steps. It's by video or phone, confidential, and there's no obligation.
Family law help for Mount Barker, 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 Mount Barker families — calmly, honestly, and always on your side.
Divorce lawyer in Mount Barker
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 Mount Barker
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 Mount Barker
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.