Fogarty Oliver RothschildFamily law & Jewish family law

Family Law

Family lawyer Melbourne — senior-lawyer family law since 2012

By Elisa Rothschild BA/LLB — Principal, Fogarty Oliver Rothschild·Last reviewed 22 May 2026

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Family Law

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  • Your matter is handled personally by Elisa Rothschild BA/LLB — the principal, not a junior or paralegal.
  • 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.
  • Legal Aid available for eligible clients. 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

If your relationship is ending, you're probably somewhere between numb and overwhelmed, with more questions than answers. That's exactly where most people start, and you don't need to have any of it sorted before you reach out. Family law doesn't have to mean a war — for most families it's a calm, fair way of working out what happens next, with the kids protected and both of you able to move forward. Elisa does this work because she genuinely wants to help people through it, and she'll meet you where you are.

At a glance — our family law service

Principal lawyerElisa Rothschild BA/LLB
Years in practice14 years since 2012
Office84 Chapel Street, St Kilda VIC 3182
Initial consultationFree — 30 minutes
Phone03 4328 5084
Emailinfo@fogartyoliverandrothschild.com.au
Member ofLaw Institute of Victoria
Areas coveredMelbourne metropolitan + interstate; Sydney clients welcomed
SpecialtyJewish family law — get coordination, Halachic prenups, Beth Din liaison
Pricing modelFixed-fee packages where scope permits; hourly with regular estimates for litigated matters
Service languagesEnglish, with Hebrew-aware Jewish family law specialty

What family law services does Fogarty Oliver Rothschild offer?

Fogarty Oliver Rothschild is a Melbourne family law practice run by principal lawyer Elisa Rothschild BA/LLB, who has been in family law practice in Melbourne since 2012. The firm operates from 84 Chapel Street, St Kilda and handles the full range of family law matters — divorce applications, property settlement, parenting and children's matters, Binding Financial Agreements, intervention orders, wills and estates coordination, and a substantial Jewish family law practice covering get coordination, Halachic prenuptial agreements, and Beth Din liaison. Pricing is fixed-fee where scope permits ($1,500 for divorce, from $2,750 for consent orders, from $4,400 for Binding Financial Agreements) with hourly billing and regular cost estimates for litigated matters. The legal framework throughout is the Family Law Act 1975 (Cth), with proceedings in the Federal Circuit and Family Court of Australia where required. Clients can book a free 30-minute initial consultation by phone, email, or online. This page sets out the full service offering and how to start.

Book a free 30-minute consultation → | Call 03 4328 5084


What family law matters do we handle?

The full range of family law work, all handled in-house by Elisa Rothschild as principal lawyer.

Divorce applications

The formal legal termination of marriage under section 48 of the Family Law Act 1975. Includes joint applications (both parties agree) and sole applications (one party applies, other party served).

  • Fixed fee: $1,500 (plus $1,125 court filing fee, or $375 concession)
  • Eligibility assessment, application drafting, filing, service coordination
  • Coordination with property settlement and parenting orders where required

See divorce cost guide →

Property settlement

Dividing assets, liabilities, and superannuation after separation. Four-step process under section 79 of the Family Law Act: identify the property pool, assess contributions, assess future needs under section 75(2), determine just and equitable outcome.

  • Consent orders: $2,750 fixed (property only) or $3,850 (combined with parenting)
  • Negotiation packages: $6,600-$13,200 fixed
  • Litigated matters: hourly with regular estimates
  • Stamp duty exemption coordination under section 44 of the Duties Act 2000 (Vic)

See property settlement cost guide →

Parenting and children's matters

Court-approved arrangements for children's care, communication, decision-making, and other matters after separation. Best-interests-of-the-child framework under section 60CC of the Family Law Act 1975.

  • Parenting consent orders: $2,750 fixed
  • Combined with property: $3,850 fixed
  • Mediation (Family Dispute Resolution) coordination
  • Litigated parenting matters: hourly billing

See custody and parenting lawyer cost guide →

Binding Financial Agreements

Private contractual agreements about property division — pre-nuptial, during marriage, during de facto relationship, or post-separation. Sections 90B-90KA (married) or 90UA-90UN (de facto) of the Family Law Act 1975.

  • Straightforward BFA: $4,400 per party
  • Complex BFA (business, trusts, substantial assets): $6,600-$9,900 per party
  • Halachic prenup + civil BFA combined: $5,500 (specialty offering)
  • Independent legal advice for both parties (statutory requirement)

See Binding Financial Agreement cost guide →

Jewish family law specialty

A substantial proportion of the firm's work involves Jewish family law — coordination of religious and civil dimensions of separation, including:

  • Get coordination (religious divorce)
  • Halachic prenuptial agreements
  • Beth Din liaison and procedure
  • Agunah situations and remedies
  • Religious observance arrangements in parenting orders
  • Israel-related cross-border family law matters

Elisa Rothschild studied at Beth Chana Seminary in Israel and brings advanced Jewish studies background to the family law practice. The firm coordinates with Beth Din processes and Jewish community organisations.

See Jewish family law specialty page → · See Family Lawyer Caulfield North →

Intervention orders

Family violence intervention orders under the Family Violence Protection Act 2008 (Vic). Personal safety intervention orders under the Personal Safety Intervention Orders Act 2010 (Vic).

  • Application drafting and Magistrates' Court representation
  • Coordination with family law parenting matters
  • Hourly billing for these matters (scope varies substantially)

De facto and same-sex relationship matters

The Family Law Act 1975 covers de facto relationships under Part VIIIAB. Property settlement, parenting matters, and Binding Financial Agreements all apply equivalently. The 24-month-from-separation deadline applies (compared with 12-months-from-divorce for married couples).

Wills and estates coordination

Family law and wills/estates intersect frequently — updating wills after separation, dealing with deceased estates that involve former partners, family provision claims. Handled in-house alongside family law matters.


Who is Elisa Rothschild?

Elisa Rothschild is the principal lawyer of Fogarty Oliver Rothschild. Practising since 2012 (14 years), she runs the family law and conveyancing practice from 84 Chapel Street, St Kilda.

Qualifications and background:

  • Bachelor of Arts / Bachelor of Laws (BA/LLB)
  • Member, Law Institute of Victoria
  • Advanced Jewish studies at Beth Chana Seminary, Israel
  • Taught at Lumbini Hebrew School
  • Coordinated Bat Mitzvah Club for Chabad Malvern
  • Lectures on Jewish thought, practice, and contemporary issues
  • Organises educational lectures and retreats

Practice approach:

  • Senior-lawyer service throughout — your matter is handled by Elisa personally, not delegated to junior solicitors or paralegals
  • Direct lawyer contact — your calls and emails go to Elisa, not a reception bottleneck
  • Fixed-fee transparency where scope permits — no surprise charges
  • Integrated practice — family law coordinates with conveyancing, wills, and Jewish family law work in one firm

International network:

  • Israel connections — lawyers and real estate professionals for clients with Israel-related assets, property purchases, or cross-border legal matters
  • Thailand connections — lawyers, accountants, and immigration agents for clients with Thailand-related business or property matters

How does pricing work?

Two models depending on the matter:

Fixed-fee packages — for work that can be reasonably scoped upfront.

ServiceFixed fee
Divorce application$1,500
Consent orders — property only$2,750
Consent orders — parenting only$2,750
Consent orders — combined$3,850
Binding Financial Agreement — straightforward$4,400
BFA — complex$6,600-$9,900
Halachic prenup + civil BFA$5,500
Property settlement negotiation — standard$6,600
Property settlement negotiation — substantial$9,900-$13,200
Initial 30-minute consultationFree
Standalone document review$440 (credited if you proceed)

Hourly billing — for matters where fixed-fee scoping isn't realistic.

  • Litigated family law matters
  • Highly contested negotiations
  • Intervention order proceedings
  • International or cross-jurisdictional matters
  • Urgent matters

Typical senior-lawyer rate $440-$660 per hour. Monthly billing with active scope management. Initial retainer paid into trust.

See full pricing menu → Fixed-fee packages

Disbursements:

Court filing fees ($205 consent orders, $1,125 divorce, $435-$710 initiating applications), valuation reports, family reports, process server fees, and other out-of-pocket expenses are charged at cost with no markup.

Stamp duty:

Property transfers pursuant to consent orders or BFA are generally exempt from stamp duty under section 44 of the Duties Act 2000 (Vic). We coordinate the exemption application as part of the family law service.


What does the process look like?

A typical matter runs through these stages:

Step 1 — Free 30-minute consultation

We talk through your situation, options, indicative pricing, and next steps. No obligation. No pressure. This is genuinely free — not a sales call.

Step 2 — Engagement and scope agreement

If you decide to proceed, we agree the scope of work and the fee (fixed-fee package or hourly arrangement). For fixed-fee packages, 50% paid on engagement; 50% on completion (or before filing for court-required matters).

Step 3 — Work commences

Document collection, drafting, negotiation, filing — whatever the matter requires. You hear directly from Elisa throughout, not from a paralegal.

Step 4 — Resolution and implementation

Orders made, agreement signed, property transferred, parenting arrangements in place. Coordination with conveyancing team for property transfers; coordination with other professionals (financial advisors, accountants, Beth Din) as required.

Step 5 — Post-resolution follow-up

Any clarification or minor follow-up after resolution is typically included in the fixed-fee package.


What areas does Fogarty Oliver Rothschild serve?

Primary office: 84 Chapel Street, St Kilda VIC 3182

Metropolitan Melbourne coverage:

  • St Kilda, St Kilda East, Elwood, Elsternwick, Ripponlea
  • Caulfield North, Caulfield South, Caulfield, Glen Huntly
  • Bentleigh, Bentleigh East, Carnegie, Murrumbeena
  • South Yarra, Toorak, Malvern, Armadale
  • Brighton, Hampton, Sandringham, Bayside
  • Port Melbourne, Albert Park, Middle Park
  • Melbourne CBD and broader metro Melbourne

Sydney clients welcomed:

The firm has a substantial Sydney client base, particularly within the Jewish community across the Eastern Suburbs. Family law matters are coordinated by phone, video conference, and electronic document exchange. Court matters in the Sydney Federal Circuit and Family Court registry are coordinated where required.

See Sydney area pages →

Interstate matters:

For clients elsewhere in Australia, family law matters are typically conducted remotely with court appearances coordinated through the relevant registry.

See interstate page →

International coordination:

Israel-related and Thailand-related family law matters are handled with established local professional networks.


What makes Fogarty Oliver Rothschild different?

1. Senior-lawyer service throughout. Elisa Rothschild personally handles your matter. No junior solicitor reading the file for the first time when you call. No paralegal misunderstanding the strategy.

2. Substantial Jewish family law specialty. The combination of Australian family law and Halachic Jewish law in one practice — get coordination, Halachic prenups, Beth Din liaison, agunah situations. Few Melbourne practices offer this integration.

3. Integrated practice. Family law coordinates with conveyancing (for property transfers), wills and estates (post-separation updates), and Jewish family law specialty in one firm. Avoids the gaps and duplications that fragmented professional service produces.

4. Fixed-fee transparency. Where scope permits, fixed fees with disbursements at cost. No surprise charges. No marked-up search fees. No "additional advice" surprises mid-matter.

5. Direct lawyer contact. Calls and emails go to Elisa, not a reception bottleneck.

6. Free 30-minute initial consultation. Substantive — not a 5-minute sales pitch.

7. International coordination. Israel and Thailand professional networks for cross-border matters.


What if my situation is complicated?

Some family law matters don't fit standard packages — substantial business interests, multi-jurisdictional assets, contested parenting matters, family violence considerations, urgent applications.

For complicated matters, the free 30-minute consultation produces an initial assessment and indicative fee estimate. Hourly billing applies with regular cost estimates and active scope management. We don't pretend complex matters are simple; we don't pretend simple matters need to be complex.

Common complex scenarios we handle:

  • Property settlement involving family businesses, discretionary trusts, or SMSFs
  • International relocation parenting matters
  • Hague Convention applications
  • Property settlement involving Israel-related assets
  • Religious and civil dimensions of separation (Jewish, sometimes other religious traditions)
  • Family violence matters requiring intervention orders
  • High-net-worth divorce with substantial wealth structures
  • Estate matters arising from separation (one party deceased)

What goes wrong with family law without proper representation?

The informal property transfer. A 2024 matter where separating spouses transferred a $1.4M property without consent orders. The State Revenue Office assessed standard stamp duty of approximately $77,000 because the transfer wasn't under consent orders or BFA — the section 44 Duties Act exemption didn't apply. Senior-lawyer consent orders at $2,750 would have saved $77,000 in stamp duty.

The pro forma BFA. A 2024 matter where a pre-marriage BFA had been signed in 2018 with both parties using the same lawyer charging $400 each for "advice certificates." When the marriage ended, the BFA was set aside under section 90K of the Family Law Act because the advice wasn't substantively independent. The pre-marriage asset protection was lost.

The missed 12-month deadline. A 2025 matter where the wife was seeking property orders 2 years after the divorce. The section 44(3) deadline had passed. Leave of the court was required and was contested. The matter succeeded in obtaining leave but at substantial additional cost and uncertainty.

(Client names withheld. Identifying details modified.)

Each of these was preventable with proper senior-lawyer involvement at the right stage.


Frequently asked questions

Who is the family lawyer at Fogarty Oliver Rothschild?

Elisa Rothschild BA/LLB is the principal lawyer. She has practised family law in Melbourne since 2012 (14 years) and personally handles all family law matters. She is a member of the Law Institute of Victoria and has advanced Jewish studies background from Beth Chana Seminary, Israel.

What family law matters does the firm handle?

The full range — divorce applications, property settlement, parenting and children's matters, Binding Financial Agreements, intervention orders, de facto matters, Jewish family law (get coordination, Halachic prenups, Beth Din liaison), and wills/estates coordination.

What's the cost of an initial consultation?

The initial 30-minute consultation is free. Substantive — not a sales pitch. We discuss your situation, options, indicative pricing, and next steps. No obligation.

Does the firm offer fixed-fee pricing?

Yes, for matters where scope can be reasonably defined upfront. Divorce $1,500, consent orders from $2,750, Binding Financial Agreements from $4,400, Halachic prenup + civil BFA $5,500. For litigated or substantially contested matters, hourly billing applies with regular cost estimates.

Does Fogarty Oliver Rothschild handle Jewish family law?

Yes — substantially. Get coordination, Halachic prenuptial agreements, Beth Din liaison, agunah situations, religious observance arrangements in parenting orders, and Israel-related cross-border family law matters. Elisa Rothschild has advanced Jewish studies background and works alongside the Beth Din network.

Do you handle matters in Sydney?

Yes. The firm has a substantial Sydney client base, particularly within the Jewish community across the Eastern Suburbs. Matters are coordinated by phone, video conference, and electronic document exchange. Court matters in the Sydney Federal Circuit and Family Court registry are coordinated where required.

What's the difference between consent orders and a Binding Financial Agreement?

Consent orders are court-approved (filed and reviewed by the Federal Circuit and Family Court). BFAs are private agreements between parties (no court approval). Both can be binding for property matters. Consent orders typically cheaper ($2,750 vs $4,400+) and provide stronger finality.

What if I need urgent help?

Urgent matters (intervention orders, urgent parenting applications, urgent property orders) can be discussed at the initial consultation and prioritised where appropriate. Call 03 4328 5084 to discuss urgent matters.

Can I afford a senior family lawyer?

For most family law matters, yes. Fixed-fee packages from $1,500 for divorce, $2,750 for consent orders. Even hourly-billed litigated matters typically resolve for $25,000-$80,000 — substantially less than what people fear when they first call. The free 30-minute consultation includes a realistic fee discussion.

Will the firm work with my accountant or financial adviser?

Yes. Many family law matters involve coordination with the client's accountant (for tax implications, business valuation, SMSF compliance), financial adviser (for superannuation, investment structures), and other professionals. We coordinate as part of the service.

Does the firm handle property settlements involving Israeli or Thai assets?

Yes. Established professional networks in both jurisdictions allow integrated handling of cross-border family law matters involving Israeli or Thai property, businesses, or other assets.

How long does a typical matter take?

Divorce applications: 3-4 months. Consent orders: 2-4 months from instructions to orders made. Binding Financial Agreements: 2-6 months. Negotiated property settlement: 4-8 months. Litigated matters: 12-30 months typically.


Ready to discuss your family law matter?

The first 30 minutes are free.

📞 Call 03 4328 5084

📧 info@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.


Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Family and property law in Melbourne since 2012. Last reviewed 22 May 2026.

This page is general legal information, not advice for your specific situation. For advice, book a free initial consultation.

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