Separating when you have a home, a mortgage and children at school can feel like trying to rebuild a house while you're still living in it. Everyday life doesn't stop — the lunches, the sport, the bills — while the big decisions pile up. If that's how it feels, please be gentle with yourself; it's a lot. I'm Elisa Rothschild, and I've been a family lawyer since 2012. I work from St Kilda in Melbourne, and I'm admitted in Victoria and to the High Court of Australia, so I can act for you in family law matters wherever you are in Australia. For families in Tuggeranong — Greenway, Kambah, Wanniassa, Calwell, the Lanyon Valley and beyond — I work by video and phone, so you don't have to take time off or drive anywhere to get proper advice. Every matter is handled by me personally.
What happens to the family home?
For many Tuggeranong families the home is the biggest asset, and it's also the place the children know. Whether one of you keeps it, it's sold, or one of you buys the other out, the decision affects both your finances and your family's sense of stability. I'll help you look at the options realistically — including whether a buy-out is achievable with the lender — so you can make a decision you feel settled about.
If the home is being transferred between you under family law orders or a Binding Financial Agreement, the ACT generally provides relief from duty, subject to conditions. I'll check how that applies to your property before anything is finalised.
Parenting arrangements that fit real life
Good parenting arrangements are built around the children's actual week: school, sport, friends, and the distances involved when parents live in different parts of Canberra, or one of you moves over the border into New South Wales. The law asks what is in the children's best interests, and I'll help you translate that into an arrangement that works on a wet Tuesday as well as on paper.
When you've agreed, consent orders make the arrangement legally binding. For Tuggeranong clients my fixed fee is $990 for parenting only or property only, and $1,490 for both, plus the $205 court filing fee. They're filed online and decided on the papers, so neither of you needs to go to court.
Divorce and time limits
After 12 months of separation you can apply for divorce, jointly or on your own. You may still count as separated even if you lived under the same roof for part of that time, as many couples do for the children's sake or because of money; the court will just need some extra evidence about it, and I'll help you prepare it. The court fee is $1,125, or $375 at the concession rate, and my fixed fee for Tuggeranong clients is $750 for a joint application and $990 for a sole one.
Property is a separate matter from divorce. Married couples generally have 12 months after the divorce takes effect to apply for property orders, and de facto couples generally have two years from separation.
Fees that are fair, and confirmed before I start
My fees for ACT clients are lower than the fees I charge in Victoria. I know separation can stretch a household budget to its limit, and I don't want anyone to go without advice because of it. A straightforward Binding Financial Agreement starts from $1,490, with complex agreements from $2,990 to $4,950. Whatever you need, I'll confirm the fee in writing after our free 30-minute consultation, before any work starts.
If you don't feel safe at home, please put that first. Call 000 in an emergency, or 1800RESPECT (1800 737 732) for confidential support. Family violence orders are made by the ACT Magistrates Court under ACT law, and I can help you understand how that fits alongside parenting and property matters.
Frequently asked questions — family law in Tuggeranong
Can I keep the house after we separate?+
It depends on the whole property picture, including whether you can refinance the mortgage in your own name. It's often possible for one person to keep the home by adjusting other assets or super. I'll go through the options with you honestly in the free consultation.
We separated but still live under the same roof. Can I still divorce?+
Yes, as long as you've been separated for at least 12 months. If some of that time was under the same roof, the court needs extra evidence — usually affidavits — explaining how your lives changed. I'll help you prepare them.
How much does a family lawyer cost for Tuggeranong clients?+
Divorce is $750 for a joint application or $990 for a sole one; consent orders are $990 for property only or parenting only, or $1,490 for both. Court fees are extra. These fixed fees are lower than my Victorian fees and are confirmed in writing before any work starts.
What if my former partner moves to NSW with the children?+
Family law is federal, so the same Act and the same court apply in both the ACT and NSW. If a move would affect the children's time with either parent, it's important to get advice early, ideally before any move happens.
Do I need to meet you in person?+
No. I work with Tuggeranong clients by video, phone and email. Documents can be signed and witnessed locally, so you never need to travel to Melbourne.
What happens in the free 30-minute consultation?+
We talk about what's going on and what matters most to you. I'll explain your options, the likely next steps and what it might cost, and I'll tell you honestly if you don't need a lawyer for what comes next. It's confidential and there's no obligation.
Family law help for Tuggeranong, 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 Tuggeranong families — calmly, honestly, and always on your side.
Divorce lawyer in Tuggeranong
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 Tuggeranong
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 Tuggeranong
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.