Is It Family Violence? Legal Definitions and Proof in Court
The Divorce Course Podcast
🎧 Listen to This Episode If You… 🧾 Are trying to prove family violence in family court or to your lawyer 💔 Have experienced abuse and need to understand what counts under the law ⚖️ Want to know what evidence is helpful in a family law case 🕵️♀️ Are navigating post-separation abuse or coercive control 👨👩👧 Are worried about your children being exposed to family violence 📚 Want clarity on Australia’s legal definition of family violence 📌 Legal Disclaimer: This is a general discussion and not legal advice. Please see a qualified lawyer for...
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Living Arrangement Decisions For Divorce — What to Know Before You Buy, Sell or Rent
The Divorce Course Podcast
🎧 Listen to This Episode If You: 💸 Are weighing the pros and cons of buying, selling or renting post-divorce ⚖️ Need to understand how your living decisions affect property settlement under family law 👨👧 Are parenting and want to make housing choices that work for your kids 🏡 Just separated and unsure about where to live 📉 Are worried about financial risk and long-term planning Episode Summary: Where will you live after your separation or divorce? It’s one of the most important—and emotionally loaded—questions you’ll face. In this episode,...
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Divorcing an Abuser: Dealing with Post Separation Abuse
The Divorce Course Podcast
🎧 Listen to This Episode If You… 😢 Feel like your ex is still trying to control you, even after the breakup 🧠 Want to understand how emotional abuse can continue post-separation 🛡️ Need strategies to protect your mental health during negotiations ⚖️ Are co-parenting with someone who is manipulative or abusive 👂 Want to learn what psychologists say about responding calmly and firmly 💔 Are feeling exhausted, anxious, or stuck in the dynamic even though it’s over 📚 Need real guidance from someone who understands trauma and divorce ⚠️ Trigger Warning: This...
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The Hidden Costs of Doing Nothing – Why Waiting in Limbo Might Be Hurting You
The Divorce Course Podcast
🎙️ Episode 198: The Hidden Costs of Doing Nothing – Why Waiting in Limbo Might Be Hurting You 🎧 Listen to This Episode If You: 🔁 Feel stuck or overwhelmed since separating 📅 Keep delaying property or parenting decisions 💔 Are hoping things might just “work out” without action 💸 Worry about legal costs or can’t afford a lawyer yet 🛑 Feel like taking action will start a fight 🚧 Want a plan but don’t know where to begin 🧭 Need clarity to move forward without fear ⚠️ Trigger Warning: Discussions include separation, family court, and financial and...
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Family Law Mediation Secrets – What Your Mediator Wish You Understood
The Divorce Course Podcast
🎧 Listen to This Episode If You: 🚪 You’re about to go to mediation and don’t know what to expect 📝 You want to know what documents and disclosures you actually need 😵💫 You’re anxious about seeing your ex in the same room 🧠 You want practical tips to mentally and emotionally prepare ⚖️ You want to give yourself the best chance of settling 👀 You’re worried your ex is manipulative or controlling 🎯 You want a checklist of exactly what to do before the big day Mediation can be one of the most powerful tools in your separation or divorce journey — but only if...
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Super Split Myths: Why Equalising Isn’t Always Fair in Divorce
The Divorce Course Podcast
🎧 Listen to This Episode If You: 💼 You're negotiating your super split after divorce in Australia 🧐 You've been told “let’s just equalise super — it’s fair” 😵💫 You’re confused about what super is worth vs. cash 💸 You’re worried about being left worse off long-term 🧾 You’ve made non-financial contributions (like parenting or homemaking) ⚖️ You want to make sure your property settlement is legally fair 👀 You suspect you’re being pressured into a bad deal Are you about to deal with your superannuation in your divorce or separation? Before you sign...
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Divorce Deals 101: What to Know Before You Make or Accept a Deal With Your Ex
The Divorce Course Podcast
One of the most underestimated parts of separation are— settlement offers. Whether you’re negotiating parenting arrangements, property division, or both, knowing how and when to make (or respond to) an offer can save you stress, time, and serious money. We break down how settlement offers work, when to consider using Calderbank letters, how Section 117C of the Family Law Act affects legal costs, and the emotional traps that can trip you up during negotiation. We also talk about avoiding lowball traps, the risks of ignoring offers, and what to do if you’re dealing with an avoidant or...
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What the 2025 Family Law Divorce Reforms Might Mean for You
The Divorce Course Podcast
Major Changes Are Coming to Family Law in Australia – Here’s What You’ll want to Know In this episode, I sit down with my mum Lyn, our favourite straight-talking family lawyer—to unpack the biggest Family Law changes coming into effect on June 10, 2025. We dive into how these legal reforms will impact property settlements, family violence considerations, companion animals (yes, pets!), financial disclosure rules, and more. Whether you’re currently separating, in court, or supporting someone going through it, these new laws could change the game for you. We also break down why...
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Beyond 50/50: Creative & Legal Ways to Settle Property in Divorce in Australia
The Divorce Course Podcast
Are you trying to figure out how to divide the property after your separation or divorce? In this eye-opening episode, I sit down with my mum, but also an experienced family lawyer — and we walk you through the eight most common ways people settle property in Australia. Whether you’re hoping to keep the house, want a clean break, or are totally confused by super splitting, we’re breaking it all down for you. From simple percentage splits to creative asset swaps — and even the risks of doing absolutely nothing — this episode is your go-to guide for understanding your options. If...
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Child Custody In Divorce: The 10 Most Common Questions
The Divorce Course Podcast
In this eye-opening and practical episode,a seasoned family lawyer helps to unpack the 10 most frequently asked questions about child custody in Australia. Whether you're fresh out of a breakup, preparing for court, or trying to figure out what your rights are, this episode is packed with general education and emotional clarity every separated parent needs. From understanding how courts decide who gets custody, to navigating situations involving domestic violence, high-conflict co-parents, and parenting plans this episode helps you gain a better understanding of what's what in child custody...
info_outlineWhen going through a divorce or de facto separation, one of the biggest questions you’ll face is: Should I settle, or should I go to court? In this episode, we take an in depth look into the reasons why people choose to settle and why others decide to hold out for court. We discuss the risks, costs, and personal factors that play into this decision, while also highlighting potential pitfalls and traps that could influence you to settle too early or too late. Whether you’re in the early stages of property settlement or nearing mediation, this episode will help you think critically about your own situation.
Listen to This Episode If You:
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🌟 Wish you could speak to others about their decisions to settle or go to court.
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❓ Want to understand the risks and costs involved in going to court versus settling.
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💡 Need insights on how to others have avoided settling for a bad offers or been pressured into an agreements.
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🛡 Are navigating a high-conflict divorce and worried about making the right financial decisions and want to listen to what others have done in the past.
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📚 Want to better understand how lawyers play a role in helping you decide when to settle.
Key Ideas Discussed in This Episode:
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Reasons to Settle: When taking your lawyer’s advice, financial risks, and emotional well-being make settling the best option.
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Risks of Going to Court: The potential for additional costs, including paying for your ex’s legal fees, and how this can impact your decision.
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Understanding Costs: How court costs and lawyer fees add up, and why it’s crucial to factor in these expenses when making your decision.
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Section 117 Offers: What they are, how they work, and why you should think carefully before rejecting a reasonable offer.
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Emotional Factors: How guilt, pressure, or anger can cloud judgement and lead to poor settlement decisions.
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Disclosure Issues: Why it’s essential to have financial disclosure before settling and how to handle situations where your ex isn't sharing all the information.
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Post-Separation Abuse: How ongoing manipulation and control can affect your or their decision to settle, and strategies to protect yourself from further harm.
Links & Resources Mentioned in the Podcast:
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Related Episodes:
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Understanding Legal Costs and Risks COSTS & CALDERBANK OFFERS
https://www.thedivorcecourse.com.au/blog/costscourtcalderbankoffer
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Divorce Myths
https://open.spotify.com/episode/33mBdotbKK4yLH586ZaWko?si=czer_l9VRIOVWxWxGSiJjg
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The Premature Pitfalls of Percentage Negotiations
https://open.spotify.com/episode/6bxTgrdymCeW16Q7z5njUe?si=UPG5F5vtSNuHWCKwWWg32g
Choosing your lawyer
https://open.spotify.com/episode/0XQOMoxqaSpf5YrxTc50eR?si=KUq4BzFPQaeIndch9p-3QA
Red Flags when choosing a lawyer
https://open.spotify.com/episode/6fR3jP75Z4amMlRCsEOAhJ?si=66f50b888bb44784
Emergency Contacts:
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WOMEN'S SHELTER SERVICE
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LEGAL AID
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Lifeline: 13 11 14
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Mensline Australia: 1300 789 978
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Kids Help Line: 1800 551 800
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Aboriginal Family Domestic Violence Hotline: 1800 019 123
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Relationships Australia
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Police: 000
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DVConnect Womensline: 1800 811 811 (24 hours, 7 days a week)
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DV Connect Mensline: 1800 600 636
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National DV line: 1800 737 732 (1800 RESPECT)
Thank you for listening to this episode. We hope it helps you think critically about when to settle and when to go to court, while also providing the knowledge you need to protect yourself during your divorce journey. If you found this episode helpful, please rate, review, and subscribe. Your support helps others find the guidance they need. Stay strong and take care.
Disclaimer: This podcast episode provides general legal education for Australians and is not a substitute for legal advice. Every situation is different, and it is important to seek independent legal advice tailored to your specific circumstances.
00:00 Introduction to Settling in Divorce
01:43 Understanding the Role of Lawyers in Settling
06:00 Cost-Benefit Analysis in Court Cases
10:21 Risks of Going to Family Court
16:25 Bad Reasons for Settling
19:52 Navigating Emotional Decisions in Divorce
20:30 Reasons People Settle in Divorce
21:34 Understanding the Family Law Act in your Divorce
22:49 Challenges with Disclosure in Property Settlement and Divorce
25:27 Unrealistic Expectations in Divorce outcomes
29:24 Dealing with Anger and Abuse during the divorce process
32:05 Denial and Acceptance in Divorce
34:26 Final Thoughts