Separating is hard enough without also having to find a lawyer you trust in your own city — and if you're reading this from Sydney, Brisbane, Perth or Adelaide, you may be wondering whether a Melbourne lawyer can actually help. In most cases, yes. Family law in Australia is federal: the Family Law Act 1975 applies in every state and territory, and outside Western Australia every matter runs through the same national court, the Federal Circuit and Family Court of Australia, with applications filed online through the Commonwealth Courts Portal. I'm Elisa Rothschild, principal at Fogarty Oliver Rothschild, practising family and property 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 run every matter myself, from the first call to the final orders — by video, phone and email, wherever you live.
What I can do for you by video, wherever you live
Most family law work never needs you in a room with your lawyer. Divorce applications (sole or joint), consent orders for property and parenting, Binding Financial Agreements, property settlement negotiations, parenting plans and spousal maintenance can all be run by video consultation, email and electronically signed documents.
Where a document has to be witnessed — a divorce application, an affidavit, consent orders — a Justice of the Peace or solicitor near you can witness it, or it can be done electronically where the court permits. Applications are filed online, so the court process is the same whether you're in Parramatta, Toowoomba or Fremantle. 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; where local counsel is needed for a particular hearing, I brief them, so you are never managing two sets of lawyers.
How it works, step by step
1. A free 30-minute consultation by video or phone. You tell me what's happening; I tell you honestly where you stand, what the realistic pathways are, and whether you need a lawyer at all for the next step.
2. Your fee in writing. If you'd like me to act, you receive a written costs disclosure before any work starts — a fixed fee where the matter can sensibly be priced upfront, or an estimate with the variables explained where it can't.
3. The work, done remotely. Documents are drafted and sent to you by email, signed electronically or witnessed locally, and filed online. You get updates by email and phone, and you can reach me directly — there is no team of junior lawyers in between.
What it costs — the same wherever you live
Court fees for divorce and consent orders are set nationally by the Federal Circuit and Family Court, so outside WA they are the same in every state: $1,125 to file for divorce ($375 with a concession) and $205 for consent orders.
My fees don't carry an interstate premium. As a guide, the fixed-fee packages start at $1,500 for an uncontested divorce application, $2,750 for consent orders and $4,400 for a straightforward Binding Financial Agreement — see the full list on the packages page. Your own fee is confirmed in writing after the free 30-minute consultation, once it's clear what your matter actually needs.
Western Australia works a little differently
WA is the one state with its own family court. Divorce, parenting and married couples' property matters in WA are dealt with by the Family Court of Western Australia, which sets its own fees and procedures, and property disputes between de facto partners in WA are governed by WA law rather than the federal Act.
That doesn't put WA clients out of reach — I advise WA clients by video and appear at the Perth registry by video link where the court permits — but it does mean the forms, fees and some of the rules differ, and I'll tell you at the first consultation exactly which apply to you.
What stays local
A few related areas are governed by state law and are best handled locally: protection orders (AVOs in NSW, DVOs in Queensland, intervention orders in Victoria), conveyancing of property in your state, and wills and estates. If your situation involves family violence, your safety comes first — call 000 in an emergency, or 1800RESPECT (1800 737 732) for confidential support — and I'll help you work out what needs to happen locally and what I can do from here.
If property is being transferred between you as part of a settlement, each state has its own stamp duty rules. Most exempt transfers made under family law orders or a Binding Financial Agreement, but the conditions vary, so this is something we check for your state before the orders are finalised.
Frequently asked questions — family law in Australia-wide (online)
Can a Melbourne family lawyer act for me if I live in NSW or Queensland?+
Yes. Family law is federal: the Family Law Act 1975 applies Australia-wide and, outside WA, all matters run through the Federal Circuit and Family Court of Australia, with applications filed online. 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 interstate clients by video, phone and email.
Do I ever need to come to Melbourne?+
In nearly all cases, no. Consultations are by video or phone, documents are signed electronically or witnessed by a JP near you, and applications are filed online. 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.
I'm in Western Australia. Can you still help?+
Yes, with one difference to be aware of: WA has its own Family Court, which sets its own fees and procedures, and property disputes between de facto partners in WA are governed by WA law. I advise WA clients by video and appear at the Perth registry by video link where the court permits, and I'll explain at the first consultation which rules apply to your situation.
Is it more expensive to use an interstate lawyer?+
No. There is no interstate premium — the work is the same wherever you live. Court filing fees are set nationally (outside WA), and your fee is confirmed in writing after a free 30-minute consultation, before any work starts.
Can we file for divorce online from another state?+
Yes. Divorce applications are filed online through the Commonwealth Courts Portal, so it makes no difference which state you or your lawyer are in. If you've been separated for at least 12 months and one of you is an Australian citizen, resident or domiciled here, you can usually apply — sole or jointly. In WA, divorces are filed with the Family Court of Western Australia.
What happens in the free 30-minute consultation?+
You explain what's happening, and I give you an honest read of your situation: the options open to you, the likely pathway, roughly what it could cost, and whether you need a lawyer at all for the next step. It's by video or phone, it's confidential, and there's no obligation to go further.
Family law help for Australia-wide (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 Australia-wide (online) families — calmly, honestly, and always on your side.
Divorce lawyer in Australia-wide (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 Australia-wide (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 Australia-wide (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.