Family Law Myths: Don’t Fall for These 5 During Separation
Release Date: 11/19/2025
Is Your Ex Wasting the Property Pool? Here's What the Family Court Does Now
The Divorce Course Podcast
🎧 Listen to this episode if… You've been told "add-backs are dead" by your lawyer or your ex Your ex is wasting the property pool and you don't know how to stop it You've watched assets disappear since separation bank accounts, cars, super You're heading into mediation and need to know what to argue You want to understand what the Shinohara & Shinohara Case and Shamon & Sharon Case actually mean for your case You're worried about delay tactics while your ex quietly drains the joint money ⚠️ Legal Disclaimer This podcast is general information only – it is not legal...
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Coercive Control & Domestic Violence in Family Court: Should You Raise It or Stay Silent?
The Divorce Course Podcast
🎧 Listen to this episode if: You want to understand if domestic violence can affect your property or parenting outcome You've been told by a lawyer to "leave the family violence out" of your case You're scared raising coercive control or domestic violence will backfire on you in mediation You're confused by social media saying the courts ignore family violence Your ex is still using coercive behaviour even after separation You're heading into mediation or court and don't know how to bring it up ⚠️ Legal Disclaimer & Family Violence Trigger Warning This episode...
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Divorce Money Mistakes: What Financial Planners Know That You Don’t
The Divorce Course Podcast
🎧 Listen to this episode if: You’re about to go through property settlement in divorce You’re focused on the percentage but unsure what it actually means You’re dealing with complex finances (trusts, companies, super, shares) or Simple Property Settlement You want to avoid making a financial mistake that costs you years You’re wondering whether to take the house, cash, super or investments ⚖️ Legal Disclaimer & ⚠️ Family Violence Trigger Warning This episode contains discussion of family violence, coercive control, and financial control, which may be...
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Furniture in Divorce: Who Gets What & Costly Mistakes to Avoid
The Divorce Course Podcast
🎧 Listen to this episode if: You’re arguing over furniture or household items in divorce Your ex has taken everything or won’t give anything back You’ve been told “you can’t take anything if you leave” You want to avoid wasting money on legal fees over small items You’re trying to work out what’s actually fair vs worth fighting for Legal Disclaimer & Family Violence Trigger Warning This episode contains discussion of family violence, coercive control, and separation dynamics, which may be distressing for some listeners. If you are unsafe, do not attempt to...
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Health and Divorce: How Illness May Affect Property Settlement Percentage
The Divorce Course Podcast
🎧 Listen to this episode if: You or your ex has a serious illness or disability You’ve been a carer during the relationship You have ongoing medical expenses You’re worried about future financial support after separation You want to understand how courts assess health in property settlement ⚖️ Legal Disclaimer This podcast is for educational purposes only and provides general information about Australian family law. It is not legal advice. Every situation is different, and you should seek independent professional guidance for your circumstances. What...
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Is Your Ex Watching You? Coercive control goes digital.
The Divorce Course Podcast
🎧 Listen to this episode if: You feel like your ex knows things they shouldn’t You suspect you’re being tracked, monitored, or watched You’re going through separation and worried about digital safety Your ex had access to your devices, passwords, or accounts You want to protect yourself and your children from tech-based abuse What if your ex knew where you were… who you were talking to… and what you were saying — without you ever telling them? In this episode, we’re joined by Catherine Plunkett, Director of Safety Net Australia at WESNET, to unpack the growing...
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Refusing 50/50 Care? What to Do in Mediation When Your Child's Safety Comes First
The Divorce Course Podcast
🎧 Listen to this episode if: You’ve been told to attend mediation but feel unsafe agreeing to child care arrangements Your ex is pushing for 50/50 care and you don’t believe it’s appropriate for the kids You’re dealing with substance abuse, family violence, or safety concerns and your child's safety You feel pressured to compromise at mediation when you don’t want to You want to understand your options without giving in on safety Have you been told you need to go to mediation, but you’re worried about the outcome because you simply cannot budge when it comes to your...
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The Parenting Order Loopholes Your Ex Might Exploit (And How to Close Them)
The Divorce Course Podcast
🎧 Listen to this episode if: You are about to negotiate parenting orders or a parenting plan Your coparent is high conflict, manipulative or controlling You’re worried they will twist agreements or exploit loopholes You’re preparing for mediation or family court for parenting orders You want parenting orders that actually reduce future arguments Family Violence & Legal Disclaimer This episode contains discussion of family conflict and family violence which may be distressing for some listeners.If you are experiencing family violence or feel unsafe, please contact...
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Can I Make My Ex Leave the House? 5 Strategies After Separation
The Divorce Course Podcast
🎧 Listen to this episode if: You are separated but still living under the same roof as your ex You feel stuck in the house and don’t know how to move forward You want to know what an ouster order is You want to understand sole occupancy Someone told you if you leave the house you will lose your rights to it You want to understand what you can legally do to create space after separation Your ex refuses to move out and you don’t know what your options are You’re wondering whether you can make your ex leave the house You’re dealing with a manipulative, avoidant,...
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When It’s Not Just Conflict: How Coercive Control Shows Up in Divorce
The Divorce Course Podcast
🎧 Listen to this episode if: You’re unsure whether what you experienced was abuse You’ve heard the term “coercive control” but don’t fully understand it You feel confused, guilty or constantly off balance in your relationship Negotiations during separation feel manipulative rather than constructive You’re worried about how coercive control affects children You want clarity and validation around your experience This episode discusses family violence and may be triggering for some listeners. If you need support, please reach out to 1800 RESPECT (1800 737 732) or Lifeline (13 11...
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You're in the middle of a separation and unsure what advice to follow
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Friends, family, or Facebook have told you "what to do"
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You’ve heard you can’t leave the house without losing everything
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You feel pressured not to bring up domestic violence
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You’re confused about disclosure, super splitting, or property rights
📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. This discussion is based in Australia. ALSO TRIGGER WARNING Discussions of Family Violence
Have you been told that if you leave the house, you lose everything? Or that you shouldn't mention domestic violence in family court? These are just a few examples of the harmful myths in Australia we hear all too often in separation and divorce.
In this episode, Laura & Lyn expose some of the worst legal advice circulating in family law and explain why it can derail your case, delay your outcome, or damage your safety and rights.
They break down five of the most common (and dangerous) misconceptions, share what the law really says, and help you feel more confident about asking the right questions of your lawyer and making informed decisions.
⏱️ Episode Timeline: Episode 221 Family Law Myths Don’t Fall for These 5 During Separation
00:00 – Introduction: Debunking Common Family Law Myths
Why bad legal advice is everywhere—and how it can derail your case.
01:42 – The Real Impact of Misinformation in Separation and Divorce
What happens when you follow outdated or incorrect legal advice.
05:37 – Myth #1: “If You Leave the House, You Lose Your Property Rights”
Why leaving the family home doesn’t mean forfeiting your share.
12:48 – Myth #2: “You Must Have Every Document Before You Can Settle”
The truth about financial disclosure and realistic expectations.
19:40 – Myth #3: “Don’t Mention Domestic Violence in Court”
How this dangerous myth puts safety and outcomes at risk.
24:19 – Understanding Family Violence and Property Entitlements
How abuse can affect how assets are divided.
25:19 – Should You Mention Domestic Violence in Family Court?
Legal perspectives on disclosure and protection.
25:50 – Spousal Maintenance: Know When and How to Ask
Why it’s often overlooked—and how to advocate for yourself.
26:43 – Myth Busting: Are Addbacks Still Used in Property Settlements?
Clarifying a misunderstood financial concept in family law.
28:57 – Myth #5: “Superannuation Must Be Split 50/50”
Exploring how super splitting really works under Australian law.
32:16 – How to Educate Yourself and Work Better with Your Lawyer
Tips for being informed, assertive, and legally empowered.
35:32 – Final Thoughts and How to Enrol in the Divorce Course
Practical next steps and how to get more support.
41:53 – Listener Reviews and Community Shoutouts
Sharing your feedback and how to get involved.
Resources
Central Practice Directions
https://www.fcfcoa.gov.au/fl/pd/fam-cpd
Free Disclosure Checklist
https://www.thedivorcecourse.com.au/disclosurechecklist
Episode Links
Superannuation and Equalising super https://youtu.be/2BQEHmIwjio?si=kWg9F8c8rh4X8HqB
🚨 Support Services:
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1800 RESPECT (Family Violence Support – Australia)
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Lifeline: 13 11 14 (Crisis Support – Australia)
📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances.
📲 Don’t forget to follow, rate & review the podcast if you found this episode helpful. Share it with someone who might need it too!