For Jewish clients, separation, divorce, and estate planning involve two parallel legal systems — Australian civil law and halacha (Jewish religious law). They do not always run in step. A civil divorce does not end a Jewish marriage. A halachic will may be inconsistent with Australian succession law. A prenup signed in Australia may not satisfy the Beth Din. My practice is built around helping observant and culturally Jewish clients navigate both systems so that the legal outcome reflects civil law, religious law, and the client's own values.
What the jewish family law practice covers
Connected areas of work, all coordinated under the same practitioner.
Jewish Divorce (Get)
Coordinating a get with an Australian civil divorce — sequencing, Beth Din liaison, and strategy where one party is reluctant.
Jewish Prenuptial Agreements
Drafting halachic prenups that work alongside an Australian Binding Financial Agreement — one set of documents, two legal systems satisfied.
Jewish Wills & Estates
Wills and estate plans that satisfy both halacha and Victorian succession law — including Jewish inheritance preferences, charitable bequests and Family Provision Act planning.
Jewish Estate Disputes
Family Provision claims, will challenges and probate disputes within Jewish and Orthodox families — navigating halachic inheritance preferences and Victorian succession law.
Jewish Business & Disputes
Commercial advice and dispute resolution for Jewish-owned businesses — including Beth Din arbitration (din Torah), partnership disputes and shareholder disagreements.
Israel-Australia Family Law
International family law for families with a foot in both Australia and Israel — Hague Convention, aliyah, recognition of Israeli orders, and cross-border parenting.
Why a 'general' family lawyer can struggle with Jewish family matters
I have seen too many matters where a competent civil family lawyer has finalised a settlement only to discover, months later, that the client cannot get a get from a recalcitrant husband and is now effectively an agunah — chained to a marriage that has ended in civil law but not in halacha. I have seen halachic wills drafted by rabbis that fail to comply with the Wills Act 1997 (Vic). I have seen separating couples sent to FDR who would have benefited from a Beth Din mediation step first.
Knowing both systems means thinking about them at the same time — not solving one and discovering the other six months too late.
What I do in Jewish family law matters
I act for Jewish clients in every standard family law area — divorce, property settlement, parenting, BFAs, wills. The difference is in the sequencing and the specific issues I flag at the outset. For separating couples I will discuss the get and how it should be coordinated with the civil divorce. For couples marrying, I can advise on a Binding Financial Agreement that sits alongside a halachic prenuptial agreement administered by the Melbourne Beth Din or the Rabbinical Council of America's standard form. For older clients I draft wills that work in both Victorian succession law and halacha — including, where relevant, provisions for hechsher mitzva, ma'aser, and bequests that respect the Jewish duty of inheritance to sons (while still complying with Family Provision Act claims).
Working with the Melbourne Beth Din
The Melbourne Beth Din (Rabbi Telsner, Rabbi Glasman and others) is the recognised Orthodox religious court in Melbourne and handles get proceedings, conversions, and religious mediation. I do not act for the Beth Din — they are an independent religious authority — but I work alongside Beth Din processes regularly and understand what the Beth Din requires before, during and after a get. For Reform and Progressive clients I am familiar with the Progressive movement's practices, which differ.
A note on community and confidentiality
Melbourne's Jewish community is small. People understandably worry about who knows their business. Everything in my office is bound by legal professional privilege. I have advised clients across the Orthodox, Modern Orthodox, Conservative, Reform and secular spectrum and your level of religious observance is not my decision to make — my job is to give you the legal advice that fits the life you actually live.
How I handle a jewish family law matter
- 1Confidential first conversation — your level of observance is yours, not mine to judge
- 2Strategy that respects both Australian civil law and halacha — not one at the expense of the other
- 3Coordination with the Beth Din where required, without me acting for them
- 4Plain-language explanation of where the two systems align and where they pull apart
Frequently asked questions
Do I need a get if I'm getting an Australian divorce?
If you are Jewish and intend to remain part of the Jewish community — particularly if you may remarry within the faith — yes, you need a get in addition to your Australian civil divorce. A civil divorce alone does not end a Jewish marriage under halacha.
What if my husband refuses to give a get?
This is the classic agunah problem. Australian civil law cannot force a husband to grant a get because the act must be voluntary under halacha. However, Australian courts have, in some cases, taken get refusal into account in property settlement, and Beth Din pressure and community engagement can be effective. We discuss strategy on a matter-by-matter basis.
Can a halachic prenup be enforced in Australia?
A standalone halachic prenup is a religious agreement and is not directly enforceable in an Australian civil court. However, the substance of a halachic prenup can be reflected in a Binding Financial Agreement under the Family Law Act, which is civilly enforceable. Done properly, you can have one document that satisfies both systems.
Do you only work with Orthodox Jewish clients?
No. I act for clients across the spectrum — Orthodox, Modern Orthodox, Conservative, Reform/Progressive, and culturally Jewish but non-observant. The relevant religious framework varies and I tailor advice accordingly.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-05-22.
This page is general legal information about jewish family law in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.