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Official Property or Parenting Orders. Do You Really Need Them?

The Divorce Course Podcast

Release Date: 01/28/2025

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Do you really need to formalize your property or parenting agreement when going through divorce or separation? What if you are amicable? Or you both just agree anyway. What's the point in having a formal order? What if you just don’t have any property and so you feel there isn’t any point in getting official property orders. What if you are worried if you push for property or parenting orders it will make your ex more angry? What if you are terrified of going to court? In this episode,we break down the most common reasons we hear people telling us why they don’t want to get official formal orders and explain the considerations these people may need to make. Whether you're amicable, high conflict, or dealing with a narcissistic or avoidant ex or  feeling overwhelmed, or unsure about the legal process, this episode clears up some common myths and confusion and equips you with the knowledge to help you make informed decisions for your future. From financial security to protecting your children's stability. Disclaimer: This podcast provides general education and is not a substitute for independent legal advice. Always consult a qualified lawyer for guidance tailored to your situation.

 

Listen to This Episode If You:

🏠 Are considering whether to formalize your property or parenting arrangements.
💡 Want to understand the benefits of formal orders for financial security and children's stability.

📚What to know the difference between a parenting plan and a consent order
❓ Are unsure about the process of consent orders and whether lawyers need to be involved.
🛡 Feel hesitant about escalating conflict or upsetting your ex by pursuing formal orders.
📚 Need reassurance about the steps involved in protecting your legal rights post-separation.

 

Disclaimer: This podcast provides general legal education and is not a substitute for independent legal advice. Always consult a qualified lawyer for guidance tailored to your situation.

 

Key Topics Discussed in This Episode:

  1. What Are Property and Parenting Orders?

    • Differences between informal agreements, parenting plans, and formal court orders.

    • Are Formalizing agreements with consent orders crucial?

  2. Common Objections to Formal Orders:

    • "We’ve already agreed; we don’t need anything formal."

    • "It’s too expensive and time-consuming."

    • "We’re amicable, so we’ll stick to our agreement."

    • "I don’t want to escalate conflict or upset my ex."

    • “I don’t want to go to court”

    • Laura and Lyn address each objection and provide solutions.

  3. Risks of Avoiding Formal Orders:

    • Examples of real-life cases, including the Farmer and Bramley case, where not finalizing property arrangements had disastrous consequences.

    • How changes in circumstances (e.g., new partners, financial issues) can complicate informal agreements.

  4. The Role of Consent Orders:

    • How consent orders work and why they don’t require going to court.

    • The importance of having a clear, enforceable agreement for both property and parenting.

  5. Long-Term Benefits of Formal Orders:

    • Financial protection against future claims.

    • Reduced conflict through clear boundaries and responsibilities.

    • Peace of mind knowing you’ve protected yourself and your family.

00:00 Introduction to Property and Parenting Orders

01:26 Understanding Parenting and Property Orders

03:22 The Importance of Formal Orders

09:19 Addressing Common Objections to getting official court orders in Divorce

18:34 Handling Conflict and Safety Concerns during divorce

23:34 Avoiding Court and Legal Advice during divorce

23:49 Understanding Consent Orders for your divorce

24:05 The Role of the Registrar in the Family Court of Australia

24:54 Avoiding Court Appearances during Divorce

25:06 Financial Agreements and Fairness in your property settlement

25:38 Parenting Plans and Children's Matters during your divorce

26:08 The Importance of Formal Orders in Family Law and Divorce

28:16 Dealing with Property and Financial Settlements in your Divorce

28:21 Family Lawyer Australia Webinar Invitation

28:53 Addressing Common Concerns during your divorce negotiations

32:42 The Risks of Delaying Formal Orders in your divorce

36:39 Legal Tips and Avoiding Pitfalls in your Divorce negotiations

43:28 Encouragement and Final Thoughts for going through divorce negotiations

47:14 Listener Reviews and Closing Remarks

 

#DivorceHelp #PropertySettlement #ParentingOrders #DivorceSupport #SeparationEducation #FamilyLaw #HelpForDivorce #CoParentingTips #DivorceJourney #FinancialAbuseAwareness #DivorcePlanning #ProtectYourAssets #ParentingAfterDivorce #DivorceAndProperty #SeparationTips

 

Links & Resources Mentioned in the Episode:

 

 

 

Emergency Contacts:

  • WOMEN'S SHELTER SERVICE: Call 1800 811 811

  • LEGAL AID: Visit Legal Aid

  • Lifeline: Call 13 11 14 for 24/7 crisis support and counseling.

  • Mensline Australia: Call 1300 789 978 for confidential support for men.

  • Kids Help Line: Call 1800 551 800 for young people needing help.

  • National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732

  • Aboriginal Family Domestic Violence Hotline: 1800 019 123

  • DV Connect Women’s Line: 1800 811 811

  • National DV Hotline (1800 RESPECT): 1800 737 732

Disclaimer: This podcast provides general legal education and is not a substitute for independent legal advice. Always consult a qualified lawyer for guidance tailored to your situation.