At a glance — our fixed-fee family law packages
| Service | Fixed fee (excluding court filing fees and disbursements) | Court filing fee 2026 |
|---|---|---|
| Divorce application (uncontested, sole or joint) | $1,500 | $1,125 |
| Consent orders — property only | $2,750 | $205 |
| Consent orders — parenting only | $2,750 | $205 |
| Consent orders — property + parenting (combined) | $3,850 | $205 |
| Binding Financial Agreement (BFA) — straightforward | $4,400 | N/A |
| Binding Financial Agreement (BFA) — complex assets/trusts | $6,600-$9,900 | N/A |
| Pre-nuptial Binding Financial Agreement (before marriage) | $4,400 | N/A |
| Halachic prenup + civil BFA combined | $5,500 | N/A |
| Property settlement negotiation (without court) | $6,600-$13,200 | N/A |
| Initial 30-minute family law consultation | Free | N/A |
| Standalone document review | $440 (credited if you proceed) | N/A |
All fees are inclusive of GST. Disbursements (process server, valuer reports, search fees) charged at cost.
Book a free 30-minute consultation → | Call 0480 031 704
Why fixed-fee family law?
Family law is one of the most cost-anxious areas of legal practice. Clients arrive at our office worried about hourly bills running into tens of thousands of dollars. The traditional family law model — open-ended hourly billing with bills sent monthly — produces uncertainty exactly when the client can least afford it. Fixed-fee packages remove the uncertainty for the work that can sensibly be priced upfront — divorce applications, consent orders, Binding Financial Agreements, and many property settlement negotiations. Clients know what they'll pay before any work commences. At Fogarty Oliver Rothschild, principal lawyer Elisa Rothschild BA/LLB has run a substantial Melbourne family law practice since 2012, with fixed-fee packages designed for the matters that can be reliably scoped upfront. For complex or litigated matters where fixed-fee pricing isn't realistic, hourly rates apply with regular cost estimates and active scope management. This page sets out the fixed-fee menu — what's included, what's not, and how to know which package fits your situation.
Book a free 30-minute consultation → | Call 0480 031 704
Divorce application — $1,500
A divorce application formally ends the marriage. It's a separate legal process from property settlement and parenting orders — divorce only terminates the marriage itself.
What's included in the fixed fee:
- Eligibility assessment (12-month separation requirement under section 48 of the Family Law Act 1975)
- Preparation of the divorce application
- Filing through the Federal Circuit and Family Court of Australia
- Coordination of service (sole applications) or joint signing (joint applications)
- Attendance at the divorce hearing where required (most divorces don't require attendance)
- Issuance of the divorce order
What's not included:
- Court filing fee — $1,125 in 2026 ($375 concession rate where eligible)
- Process server fee for sole applications — typically $100-$200
- Disbursements at cost
Total typical cost: $1,500 legal fee + $1,125 court fee + $100-$200 process server (if sole) = approximately $2,625-$2,825 for a sole application; approximately $2,625 for a joint application.
Eligibility test for divorce:
- Marriage has irretrievably broken down
- Separation for at least 12 months and 1 day before filing
- Australian connection (citizenship, ordinary residence, or domicile)
- For marriages under 2 years, counselling certificate required
Important reminder: Divorce only ends the marriage. It doesn't resolve property division, parenting arrangements, or financial support. Those need separate processes — typically consent orders or a Binding Financial Agreement. Property settlement applications must be made within 12 months of the divorce order taking effect.
Discuss your divorce — book a free 30-minute consultation →
Consent orders — $2,750 to $3,850
Consent orders are court-approved orders setting out the agreed arrangements for property division, parenting, or both. The Federal Circuit and Family Court of Australia reviews the agreement and, if satisfied that it's "just and equitable" (property) or "in the best interests of the child" (parenting), makes the orders.
Consent orders — property only — $2,750
Includes:
- Property pool identification and valuation review
- Drafting of consent orders application (Form 11 Application for Consent Orders)
- Drafting of proposed orders (the actual orders the court will make)
- Coordination with the other party's lawyer (or self-represented party)
- Filing through the Commonwealth Courts Portal
- Stamp duty exemption coordination under section 44 of the Duties Act 2000
- Coordination with our conveyancing team for any property transfers required by the orders
Court filing fee: $205 (2026)
Consent orders — parenting only — $2,750
Includes:
- Parenting arrangement review against the "best interests of the child" framework
- Drafting of consent orders application and proposed parenting orders
- Coordination with the other party
- Filing through the Commonwealth Courts Portal
- Standard relocation, communication, and decision-making provisions
Court filing fee: $205 (2026)
Consent orders — property + parenting (combined) — $3,850
Includes everything in both packages above, combined into a single application. Savings reflect the efficiency of combined drafting and filing.
Court filing fee: $205 (2026)
Important — when fixed-fee consent orders won't fit:
If the parties haven't yet reached agreement on the proposed orders, fixed-fee consent orders work less well. Negotiation to reach agreement is variable in scope and is typically priced separately. Once agreement is reached, the consent orders package converts the agreement into court-approved orders.
Discuss consent orders — book a free 30-minute consultation →
Binding Financial Agreements — $4,400 to $9,900
A Binding Financial Agreement (BFA) is a private agreement between parties about how their property will be divided in the event of separation. Unlike consent orders, BFAs don't require court approval — they bind the parties privately under sections 90B-90KA of the Family Law Act 1975 (married couples) or sections 90UA-90UN (de facto couples).
BFA — straightforward — $4,400
For BFAs covering:
- Standard property and superannuation
- No business interests or complex trust structures
- No substantial third-party rights (e.g. parents' contributions requiring separate documentation)
- Both parties co-operative
Includes:
- Property pool identification
- Drafting of the BFA
- Independent legal advice certificate
- Coordination with the other party's lawyer (mandatory under the Family Law Act — both parties must receive independent legal advice)
- Execution and exchange
BFA — complex assets/trusts — $6,600 to $9,900
For BFAs covering:
- Business interests requiring valuation and structuring
- Discretionary trust assets
- Multi-jurisdictional asset elements
- Substantial third-party contributions (parental loans, inheritances pending)
- Pre-marriage asset protection structures
The complexity tier is agreed at consultation based on the actual asset structure.
Pre-nuptial BFA — $4,400
A BFA signed before marriage (or before entering a de facto relationship) to define property arrangements upfront. Often used by clients with substantial pre-relationship assets, business interests, or family wealth. Common scenarios:
- Substantial assets brought into the relationship
- Family business considerations
- Inheritance protection
- Children from prior relationships
Halachic prenup + civil BFA combined — $5,500
A specialised offering for Jewish couples: a Halachic prenup (addressing the religious dimension of marriage and divorce — particularly the get) combined with a civil BFA (addressing property division under Australian law). Coordinated drafting that aligns the religious and civil documents.
For more on Jewish family law specialty, see Family Lawyer Caulfield North.
Important — BFAs and validity:
BFAs can be set aside by the court in defined circumstances under section 90K of the Family Law Act 1975 — fraud, duress, unconscionable conduct, material change in circumstances, or non-disclosure. The independent legal advice requirement is strict; both parties must receive substantive independent advice. Templated or rushed BFAs face higher validity risk. Senior-lawyer drafting and properly documented independent advice protect the BFA's enforceability.
Discuss a BFA — book a free 30-minute consultation →
Property settlement negotiation — $6,600 to $13,200
When parties haven't reached agreement on property division, negotiation precedes consent orders. Fixed-fee negotiation packages are available for matters where the scope can reasonably be defined upfront.
Property settlement negotiation — basic — $6,600
For matters involving:
- Standard property pool ($500K-$2M)
- Straightforward asset structure
- Both parties prepared to negotiate
- Limited disclosure complexity
Includes:
- Initial advice and strategy session
- Property pool identification and valuation review
- Disclosure exchange coordination
- Negotiation correspondence with the other party (or their lawyer)
- Settlement proposal drafting and response
- Final agreement documentation (converting to consent orders is included up to filing)
Property settlement negotiation — substantial — $9,900 to $13,200
For matters involving:
- Substantial property pool ($2M-$10M+)
- Business or trust structures
- Multiple property holdings
- Complex superannuation
- Substantial third-party contributions requiring documentation
The exact figure is agreed at consultation based on the matter's scope.
For litigated property settlement (court proceedings):
Fixed-fee pricing isn't realistic for litigated matters because the scope is determined by the other party's conduct and court timetable. Hourly rates apply with regular cost estimates and active scope management. Typical Federal Circuit and Family Court litigated property settlements cost $25,000-$80,000+ depending on complexity and how the matter resolves.
Discuss your property settlement — book a free 30-minute consultation →
What's not included — disbursements and additional costs
The fixed fees above cover legal work. Disbursements (out-of-pocket expenses) are charged separately at cost with no markup.
Common disbursements:
| Item | Typical cost |
|---|---|
| Court filing fees | Varies by application — see above |
| Process server (for sole divorce applications, contested matters) | $100-$300 |
| Property valuation reports | $500-$1,500 per property |
| Business valuation reports | $5,000-$30,000+ for substantial businesses |
| Forensic accountant reports | $5,000-$50,000+ for complex matters |
| Family report (parenting matters where court ordered) | $3,000-$8,000 |
| Subpoena fees and witness costs | Variable |
| Land titles search fees | $30-$50 |
Stamp duty:
Property transferred between separating spouses or de facto partners pursuant to consent orders, BFA, or court order is typically exempt from stamp duty under section 44 of the Duties Act 2000 (Vic). We coordinate the exemption application as part of the consent orders or BFA service.
When does fixed-fee not work?
Fixed-fee pricing works when the scope can be reasonably defined upfront. It doesn't fit:
Litigated matters. Court proceedings unfold according to the court timetable and the other party's conduct. Fixed-fee pricing would either be unfairly expensive (overpriced to manage risk) or unfairly underpriced (if the matter expands). Hourly rates with regular estimates and active scope management work better.
Highly contested negotiation. Where the other party is obstructive, non-disclosing, or escalating, fixed-fee negotiation packages typically convert to hourly billing partway through.
Matters involving family violence. Where intervention orders, urgent applications, or safety planning are involved, fixed-fee pricing isn't appropriate. We handle these matters with hourly billing and ongoing cost estimates.
International or cross-jurisdictional matters. Hague Convention applications, international relocation cases, and matters involving foreign property typically can't be fixed-fee scoped.
For these matters, hourly rates apply. Current rates discussed at consultation; typically $440-$660 per hour for senior solicitor work, with active scope management and monthly billing for transparency.
How does payment work?
For fixed-fee packages:
- 50% on engagement
- 50% on completion (or before filing for court-required matters)
Some packages may have different payment terms — agreed at consultation.
For hourly-billed matters:
- Initial retainer paid into trust
- Monthly billing against the retainer
- Top-ups as required
Payment methods:
- Direct debit/electronic transfer
- Credit card (small surcharge applies)
- For substantial matters, payment plans can be discussed
Book a free 30-minute consultation → | Call 0480 031 704
Why these prices?
Fogarty Oliver Rothschild's pricing reflects senior-lawyer work in Melbourne in 2026. Comparison with the market:
| Service | Cheaper market option | Fogarty Oliver Rothschild | Premium full-service firms |
|---|---|---|---|
| Divorce application | $1,200-$1,400 (junior solicitor) | $1,500 (senior lawyer) | $2,500+ |
| Consent orders property | $2,000-$2,500 (junior solicitor) | $2,750 (senior lawyer) | $4,500+ |
| Consent orders combined | $3,000-$3,500 | $3,850 | $6,500+ |
| BFA straightforward | $3,500-$4,000 (templated) | $4,400 (senior-lawyer drafted) | $7,500+ |
The price differential between the cheapest options and Fogarty Oliver Rothschild ($200-$500 typical) reflects who does the work. Junior-solicitor or templated services can produce acceptable outcomes for genuinely simple matters. For matters with any complexity — disputed property values, parenting arrangements with relocation considerations, BFAs that need to survive scrutiny — senior-lawyer work pays for itself.
Premium full-service firms charge substantially more (often 2x our prices for equivalent fixed-fee work). For most family law clients, this is overpriced — the marginal benefit of large-firm overhead structures isn't apparent in family law outcomes.
What the price gets you
Fixed-fee packages at Fogarty Oliver Rothschild include:
- Senior-lawyer service. Elisa Rothschild runs your matter personally. No paralegal handoff. No junior solicitor reading the file for the first time when you call.
- Direct lawyer contact. Your calls and emails go to the lawyer running your matter, not a reception bottleneck.
- No surprise charges. Fixed-fee means fixed-fee. Disbursements at cost; no marked-up search fees, no closure fees, no "additional advice" charges mid-matter.
- Coordination across practice areas. Family law work coordinates with conveyancing work, wills and estates work, and where relevant Jewish family law specialty work — all under one practice.
- Transparency on scope. If your matter expands beyond what was agreed at consultation, we tell you and re-quote. We don't just keep working and surprise you with an invoice.
Frequently asked questions
Are these prices final or do they change based on my situation?
The fixed fees listed are firm prices for matters that fit within the package scope. The scope is defined at the free 30-minute consultation. If your matter is more complex than the standard package (e.g. consent orders involving a complex business structure), we'll quote the appropriate package or hourly arrangement upfront before any work commences. No surprise charges mid-matter.
What if my situation doesn't fit any of these packages?
The free 30-minute consultation includes a fee estimate. For matters that fit a package, we quote the package. For matters that don't fit, we typically quote hourly with a reasonable cost estimate and active scope management. Either way, you know what you'll pay before committing.
Do you offer payment plans?
Yes, for substantial matters. Discussed at consultation. Initial 50% on engagement is typically required.
Are court filing fees included?
No. Court filing fees are separate disbursements paid at cost. Current 2026 fees: $1,125 for divorce ($375 concession), $205 for consent orders. These are paid to the Federal Circuit and Family Court of Australia.
What if I'm eligible for a fee concession?
If you hold a current Health Care Card, Pensioner Concession Card, or similar, you may be eligible for reduced court filing fees. We coordinate the concession application as part of your matter.
Can I get a Binding Financial Agreement on a fixed fee?
Yes, for straightforward matters ($4,400). For BFAs involving substantial business interests, trust structures, or international elements, the complex tier ($6,600-$9,900) applies. The tier is agreed at consultation.
What's the difference between consent orders and a Binding Financial Agreement?
Consent orders are court-approved (filed with the Federal Circuit and Family Court). BFAs are private agreements between parties. Both are legally binding for property matters but have different validity tests and circumstances for being set aside. We advise on which is appropriate for your situation at consultation.
Do you handle property settlement negotiations?
Yes. Fixed-fee negotiation packages from $6,600 for standard matters. For substantial or complex matters, the upper end of the range applies. For matters that go to court, hourly billing applies.
What about urgent matters (urgent intervention orders, urgent parenting issues)?
Urgent matters typically can't be fixed-fee scoped because the timeline and content are unpredictable. We handle urgent matters with hourly billing and clear initial cost estimates. Call 0480 031 704 to discuss urgent matters.
Can I just get document review without a full package?
Yes. Standalone document review is $440 (credited against a full package if you proceed). Useful for reviewing a draft BFA from another firm, reviewing proposed consent orders, or assessing a settlement offer from the other party.
What's the free 30-minute consultation cover?
The free 30-minute consultation is a substantive initial discussion — your situation, options, indicative pricing, and next steps. No obligation. No pressure. It's longer than the 15-minute conveyancing consultation because family law matters typically need more discussion to scope properly.
Ready to discuss your family law matter?
The first 30 minutes are free.
📧 elisa@fogartyoliverandrothschild.com.au
📍 84 Chapel Street, St Kilda VIC 3182
🌐 Book a free 30-minute consultation online →
Hours: Monday to Friday, 9am–5pm. After-hours by arrangement for urgent matters.