Fogarty Oliver RothschildFamily law & Jewish family law

Family Lawyer · Tasmania

Family lawyer Tasmania — consent orders, BFAs, divorce and property settlement

Consent orders, BFAs, divorce, property and parenting matters for clients in Hobart, Launceston, Devonport, Burnie and everywhere in between — by video, with the same lawyer from start to finish.

Melbourne-based practice acting for clients across Tasmania by video and phone — family law is federal, so the law and the court process are the same as in Victoria.

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Family law in Tasmania (online) — speak to Elisa

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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 — she does the work herself.
  • 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.
  • If you may be eligible for legal aid, Elisa can point you to Victoria Legal Aid. 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

When a relationship ends, it can feel as though the ground has shifted under you. There's the hurt, the uncertainty, and a long list of practical questions you never expected to face. In a smaller state, it can also be hard to find someone you feel comfortable talking to. I'd like to help you feel less alone with it. Whether you're in Hobart, Launceston, on the North-West Coast or somewhere more remote, family law is federal: the Family Law Act 1975 applies in Tasmania exactly as it does in Victoria, Tasmanian 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 Tasmanian clients by video, phone and email, handling every matter myself.

Consent orders in Tasmania

If you and your former partner have agreed how to divide your property or care for the children, consent orders make that agreement final and enforceable. 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 — nobody needs 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 so they're precise and approvable, check the financial disclosure behind them, and explain every clause in plain English before you sign. Money is often the last thing anyone has to spare after a separation, so my fixed fees for Tasmanian 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 Tasmania

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. Tasmanian couples make them before marrying or moving in together (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, enough time to consider it properly, and careful drafting. For Tasmanian clients, a straightforward BFA starts from $1,490, with more complex agreements from $2,990 to $4,950, confirmed in writing after the free consultation and before any work starts.

Divorce and property settlement in Tasmania

You can apply for divorce after 12 months of separation, 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 Tasmanian clients is $750 for a joint application and $990 for a sole one, and I'll explain each step as we go. 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 Tasmania

Tasmanian cases are handled by the Federal Circuit and Family Court through its registries in Hobart and Launceston. If a hearing is needed, I appear at the registry that serves your area 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. Working by video also means clients on the North-West Coast or in more remote parts of the state don't have to travel for appointments.

If the family home or other property is being transferred between you, Tasmania 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 Magistrates Court of Tasmania under Tasmanian 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 Tasmania (online)

Can a Melbourne family lawyer act for me in Tasmania?+

Yes. Family law is federal, so the Family Law Act 1975 applies in Tasmania 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 Tasmanian clients by video and phone.

How much do consent orders cost in Tasmania?+

The court filing fee is $205, the same in every state except WA. For Tasmanian clients my fixed fees are $990 for property only or parenting only and $1,490 for both — lower than my Victorian fees, because good advice shouldn't be out of reach when you need it most. Your fee is confirmed in writing after a free 30-minute consultation and before any work starts.

Is a Binding Financial Agreement valid in Tasmania?+

Yes. A Binding Financial Agreement made under the federal Family Law Act is valid in Tasmania 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 Hobart or Launceston?+

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 Hobart or Launceston 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 Tasmania?+

Tasmania 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 happening and what matters most to you, and I give you an honest picture: your options, the likely next steps, roughly what it could cost, and whether you need a lawyer at all for what comes next. It's by video or phone, confidential, and there's no obligation.

Family law help for Tasmania (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 Tasmania (online) families — calmly, honestly, and always on your side.

Divorce lawyer in Tasmania (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 Tasmania (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 Tasmania (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.

Frequently asked

What other clients commonly ask

Do I need a lawyer to separate, or can I sort it out myself?

Many separations don't need a lawyer day-to-day, but you almost always benefit from one for the documents that lock things in — consent orders, a Binding Financial Agreement, a divorce application. Even a single free consultation usually saves time and avoids common traps.

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How long does a typical family law matter take to resolve?

A cooperative settlement with consent orders typically takes 3-6 months end to end. A negotiated settlement without court runs 6-12 months. A contested final hearing in the FCFCA usually takes 18-24 months. Most matters settle well before that.

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What's the difference between divorce, separation and property settlement?

Separation is when the relationship ends in practice. Divorce is the legal end of a marriage (12 months of separation required). Property settlement is how the asset pool gets divided — a completely separate legal process from divorce, often resolved by consent orders or a BFA.

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Can family law matters be sorted out without going to court?

Yes — and most are. The vast majority of family law matters in Melbourne resolve through direct negotiation between lawyers, family dispute resolution (mediation), or by consent orders filed with the court without a contested hearing.

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What is family dispute resolution (FDR) and is it mandatory?

FDR is a confidential mediation process led by an accredited practitioner. For parenting matters, you usually need to attempt FDR before applying for parenting orders (with limited exceptions for safety). For property matters, it's strongly encouraged but not strictly mandatory.

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What is a de facto relationship and does the law treat it like a marriage?

Yes, broadly. For property and parenting purposes, de facto couples have the same rights under the Family Law Act as married couples once they've lived together for two years (or have a child together, or have made substantial contributions).

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