Separated for the Holidays? How to Manage Legal and Emotional Challenges
The Divorce Course Podcast
Listen to This Episode If You: 🎄 Are navigating the holiday season post-separation or divorce. ❓ Need guidance on legal deadlines and court closures during Christmas. 💡 Want tips for co-parenting and managing handovers with minimal stress. 🛡 Are concerned about manipulative or high-conflict behavior during the holidays. 🌟 Are looking for ideas to create new traditions and move forward emotionally. 🎄Trying to figure out how to manage Christmas under the same roof this year. Trigger warning: Domestic and Family Violence is discussed in this episode. ...
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Does Domestic Violence Impact Property Settlements? New Family Law Act Updates
The Divorce Course Podcast
Does Family Violence and Post Separation Abuse factor into Property Settlement? This is now answered in The Family Law Amendment Bill 2024 which introduces some of the most significant reforms in the Australia Family Court in decades, addressing key issues like financial abuse, property disputes, and the treatment of family violence in court. In this episode, We are going to break down the changes, and try to explain what they mean for you, and share practical tips on how to prepare if you're navigating the family court system. These updates aim to create a fairer, safer process for families...
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Mediation or Manipulation: How to Handle Divorce Mediation When Settlement Isn’t their Goal
The Divorce Course Podcast
Mediation is meant to be a pathway to resolution, but what happens when one party has no intention of settling? In this episode we explore the troubles and solutions of mediation, offering practical tips on how to navigate manipulative tactics and protect your mental health. Whether it’s property or parenting arrangements, this is an informative guide on what you can potentially expect before, during, and after mediation to stay one step ahead. If you’ve ever worried about being stuck in a mediation that feels like a game rather than a genuine effort to resolve issues, this episode is for...
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Separation to Settlement: The Essential Steps from Start to Finish
The Divorce Course Podcast
Facing the journey from separation to settlement can feel overwhelming and uncertain, but you’re not alone. In this episode, Laura and Lynette take you through the seven essential stages of the divorce process, from making the initial decision to separate, all the way to moving forward after your settlement. They share practical tips, emotional insights, and legal education to help you make empowered choices at every step. Whether you're at the beginning of this journey or somewhere in the middle, this episode offers a roadmap to guide you through. Listen to This Episode If You: 🌟 Are...
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Three Things I Wish I Knew Before Divorce + Free Webinar Invite
The Divorce Course Podcast
BONUS mini episode: Divorce is a challenging journey, and there are so many things we wish we’d known before starting out. In this special episode, I share three key insights I learned along the way—insights that could save you time, stress, and money. From setting firm boundaries to creating a clear plan and building a strong support system, these lessons are invaluable for anyone facing separation or divorce. And there’s more! Next week, we’re hosting a free, live webinar designed to support you wherever you are in your divorce journey. This session will cover everything from...
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When Divorce isn't the End: Handling Legal & Post-Separation Abuse
The Divorce Course Podcast
If you’ve ever felt that your ex is using the legal system to keep you trapped or that you’re facing ongoing harassment, this episode provides the support and strategies you need. Divorce may mean separation, but sometimes, for those dealing with high-conflict exes, the abuse continues well after the split. In this episode, we discuss five key strategies to manage and escape post-separation abuse purgatory. From court misuse to constant control tactics, this episode offers crucial help for protecting yourself legally, emotionally, and financially. Listen to This Episode If You:...
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Divorce Decisions: Settling vs Family Court
The Divorce Course Podcast
When 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...
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10 Essential Boundaries for a Healthier Divorce
The Divorce Course Podcast
This is a legal and emotional boundary check episode for you where we discuss 10 critical legal and emotional boundaries that are essential to maintain during this process. From communication and financial boundaries to setting clear limits on social media and handling high-conflict exes, this episode is packed with practical tips to help protect your emotional well-being and legal standing. Whether you're in the early stages of divorce or deep into the process, setting boundaries is crucial for navigating the journey with more clarity and peace of mind. Listen to This Episode If You: 🌟 Are...
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Income, Expenses, and Savings During Divorce: What You Need to Know
The Divorce Course Podcast
What happens to your income, expenses and savings in the time between breaking up and official separation and getting final property orders? In this episode we take a look into what happens to your income, expenses, and savings during this in-between period. We discuss how the Family Court of Australia usually treats savings, the importance of documenting expenses, and how your wages may be considered. Whether you’re squirrelling away savings, managing a joint account, or figuring out how to navigate expenses after separation, this episode provides crucial insights to help you protect...
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What they don't tell you before divorce (but they should)!
The Divorce Course Podcast
Do you ever wish you had a time machine to go back and give yourself advice before starting your divorce journey? In this episode, we share valuable insights and tips from listeners who have gone through it all. Together, we will break down some of the most important things people wish they had known before starting the process, from not rushing into decisions to custody issues. They also discuss some of the key mistakes to avoid, especially in high-conflict or narcissistic divorces. Whether you’re just starting out or deep into the process, this episode will offer practical advice to help...
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