The Divorce Course Podcast
The Divorce Course Podcast is hosted by mother–daughter duo Laura Furiosi and family law specialist Lyn Galvin. Together, they break down the complex world of separation and divorce into clear, practical, and empowering conversations. From property settlements and parenting arrangements to dealing with difficult exes, finances, and family court, the podcast gives listeners the knowledge, tools, and confidence to navigate divorce without feeling lost or alone.
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Family Law Myths: Don’t Fall for These 5 During Separation
11/19/2025
Family Law Myths: Don’t Fall for These 5 During Separation
Listen to this episode if… You're in the middle of a separation and unsure what advice to follow Friends, family, or Facebook have told you "what to do" You’ve heard you can’t leave the house without losing everything You feel pressured not to bring up domestic violence 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can derail your case. 01:42 – The Real Impact of Misinformation in Separation and Divorce What happens when you follow outdated or incorrect legal advice. 05:37 – Myth #1: “If You Leave the House, You Lose Your Property Rights” Why leaving the family home doesn’t mean forfeiting your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 Free Disclosure Checklist Episode Links Superannuation and Equalising super 🚨 Support Services: 1800 RESPECT (Family Violence Support – Australia) 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!
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Child Inclusive Mediation: Risks, Realities, and Red Flags
11/12/2025
Child Inclusive Mediation: Risks, Realities, and Red Flags
Listen to this episode if... You’ve been offered child inclusive mediation and don’t know what to expect You’re worried about how separation is affecting your child You’re in a high-conflict co-parenting situation or dealing with coercive control You’ve been told that involving your child in mediation will “help” You want to make informed, child-centered decisions in your family law journey 📌 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. In this powerful episode, Mum and I dive into a topic that’s being promoted more and more in family law: Child Inclusive Mediation. On the surface, it sounds like a child-focused solution. But is it really in the best interest of your child? We break down what child inclusive mediation actually involves, why it’s not always as neutral or helpful as it’s made out to be, and the serious emotional and legal implications it can have especially in high-conflict separations or situations involving coercive control. From personal reflections to legal insights, we share why we're concerned about this process and what you need to consider before agreeing to include your child in any mediation setting. What You'll Learn What child inclusive mediation really means in practice The difference between therapeutic support vs. pressure on children to speak up When this process might backfire emotionally or legally Why family reports may be a safer and more protective alternative Red flags and questions to ask before you say yes ⏱️ Episode Timeline: Is Child Inclusive Mediation Helpful or Harmful? 00:00 – Introduction: What Is Child Inclusive Mediation? An overview of this growing mediation trend in family law and why it’s controversial. 01:29 – How the Mediation Process Works in Parenting Disputes Understanding how mediation fits into separation and custody discussions. 03:44 – Defining Child Inclusive Mediation in Australian Family Law Breaking down what actually happens when children are included in mediation. 05:52 – The Risks and Red Flags of Child Inclusive Mediation Emotional pressure, manipulation, and when this process may do more harm than good. 08:00 – Confidentiality Issues and the Emotional Toll on Children What children are told, how their information is used, and the psychological impact. 13:42 – The Problem with Over-Interviewing Children in Family Law Why repeated interviews can traumatize kids and undermine the process. 20:00 – Real Concerns About Child Inclusive Mediation in Practice Legal and ethical questions raised by lawyers, parents, and professionals. 21:07 – How Child Inclusive Mediation Affects Older Children Teen-specific concerns, autonomy, and the danger of putting kids in the middle. 23:42 – Family Reports vs. Child Inclusive Mediation A safer alternative? What to expect from a court-ordered family report. 24:41 – DIY Divorce Blueprint: Free Resource Mentioned How to get practical tools to guide you through separation and co-parenting. 28:27 – Key Questions to Ask Before Agreeing to Child Inclusive Mediation What to consider if this process has been suggested to you. 32:49 – Final Thoughts: Protecting Your Child’s Voice and Mental Health Wrapping up with a parent-first, child-protective perspective. Resources Central Practice Directions Free Disclosure Checklist 🚨 Support Services: 1800 RESPECT (Family Violence Support – Australia) 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!
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Co-Parenting Without Court Orders: The Real Rules and Red Flags You Need to Know
11/04/2025
Co-Parenting Without Court Orders: The Real Rules and Red Flags You Need to Know
Listen to this episode if... You’re newly separated and trying to figure out parenting arrangements. You don’t have court orders yet and things are already getting tense. Your ex is unreliable, manipulative, or emotionally unpredictable. You're feeling pressured to agree to arrangements that feel unsafe or unfair. You want to avoid court but don’t want to be taken advantage of. Trying to co-parent after separation without court orders? This episode offers a general discussion that may help you better understand the common challenges many face during this stage. Mum and I talk through the confusion, conflict, and emotional chaos that often arise when parenting without formal agreements in place. We explore how co-parenting typically unfolds in the early days post-separation, the general differences between parenting plans and court orders, and what can happen when one parent starts making sudden changes like; withholding time with the kids, shifting pick-up arrangements, or insisting on “rules” that were never agreed upon. If you’re feeling unsure about whether to formalize your arrangements, being pressured into something that feels unfair, or just don’t know where to start, this episode provides a helpful overview, insights, and discussion points to consider. Please remember this is not legal advice. Always speak with a qualified professional for advice on your specific situation. 📌 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. Co-Parenting Without Court Orders: The Real Rules and Red Flags You Need to Know Episode Timeline Summary: 00:00 – Introduction: Co-Parenting After Separation Setting the stage for co-parenting challenges in the early days of separation. 01:23 – Myths and Misunderstandings About Separation Rules What many parents get wrong after they separate—and what’s important to know. 03:42 – How to Decide Where the Kids Live After Separation Living arrangements, routines, and initial decisions—without court orders. 07:48 – Co-Parenting with a Manipulative or Controlling Ex Recognizing red flags and what to consider if you're being pressured or gaslit. 13:46 – Strategies for Co-Parenting with an Avoidant Ex When your ex won’t engage or avoids parenting responsibilities. 18:40 – Managing High-Conflict Co-Parenting Situations What to do when emotions run high and agreements fall apart. 20:45 – Parenting Plans vs Court Orders: What’s the Difference? Legal strength, enforceability, and when each option makes sense. 24:02 – Making Parenting Agreements Without Going to Court What to include, how to approach it, and setting healthy boundaries. 24:31 – Signs You’re Dealing with a Manipulative Co-Parent Control tactics, emotional abuse, and maintaining your parenting role. 25:40 – Do You Need Court Orders or Is a Parenting Plan Enough? Legal protections and risks of informal arrangements. 28:38 – What to Do When Your Ex Avoids All Responsibility How to respond when you're carrying the full parenting load alone. 31:31 – High-Conflict Parenting Post-Separation Tips for managing ongoing disputes and protecting the kids. 33:51 – When Your Ex Ignores the Parenting Agreement Understanding your rights and the next steps if the agreement isn’t followed. 35:02 – When to Consider Court Orders: Timing and Triggers Knowing the signs that it’s time to formalize your parenting arrangement. 40:04 – Family Violence, Supervised Contact & Legal Protections When safety becomes an issue—and what support is available. 47:43 – Final Thoughts: Stay Grounded and Protect Your Peace Encouragement, next steps, and key reminders moving forward. Resources Central Practice Directions Free Disclosure Checklist Episode Links The Hidden Connection between Property and Parenting in Divorce 10 Essential Boundaries in Divorce 🚨 Support Services: 1800 RESPECT (Family Violence Support – Australia) 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!
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Business Tricks in Divorce: 10 Sneaky Tactics to Watch Out For and Outsmart!
10/29/2025
Business Tricks in Divorce: 10 Sneaky Tactics to Watch Out For and Outsmart!
Listen to this episode if... You're divorcing or separating from someone who owns or runs a business. You're in a family business with your ex and things are getting murky. You suspect your ex is hiding assets or undervaluing the business. You’re overwhelmed by the complexity of business valuations in divorce. You're preparing for mediation or court and want to understand your options. 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. Divorcing a business owner or running a business with your soon-to-be ex? You must hear this. In this eye-opening episode, Mum and I dive into the most common and sneaky tricks business owners use during separation and how to stay one step ahead. From manipulating business valuations to hiding assets in clone companies, refusing disclosure, and even dragging staff into the mess, we break down each tactic with real-world examples and strategies you can use. Whether you're preparing for mediation or already deep in the property settlement process, this is a must-listen for anyone who suspects their ex isn't playing fair when a business is involved. Episode Timeline Summary: Business Tricks in Divorce: 10 Sneaky Tactics to Watch Out For and Outsmart! 00:00 – Intro: Divorce and Business Ownership Understanding why divorcing a business owner is uniquely challenging. 01:06 – Real-Life Divorce Scenarios with a Business Involved What happens when you're in business with your ex—or they own one. 03:02 – Trick #1: Making the Business Seem Worthless How business owners hide value before property settlement. 08:12 – Trick #2: Starting a New Business to Hide Assets The “mirror business” strategy and how to uncover it. 09:26 – Trick #3: Issuing New Shares to Dilute Ownership What to do when your share of the business suddenly shrinks. 12:41 – Trick #4: Hiding Income and Creating Fake Tax Debts How income manipulation affects child support and property division. 17:58 – Trick #5: Refusing to Allow a Business Valuation Steps to take when your ex delays or avoids business valuation. 19:58 – Legal Disclaimer: General Education Only Reminder to seek personal legal advice for your situation. 20:39 – How Courts Handle Business Valuation & Disclosure Why you don't need full financial disclosure to move forward. 21:31 – Trick #6: Cooking the Books & Cash Deals Spotting hidden income, second books, and cash-based deception. 26:39 – Trick #7: Financial Abuse via Job Loss or Sacking What to do when your ex cuts your income post-separation. 32:01 – Trick #8: Superannuation and Self-Managed Funds Risks of SMSFs and how assets may be hidden or misused. 36:39 – Court Penalties for Business-Related Divorce Tricks When shady business tactics backfire in property settlements. 40:36 – Listener Review & Free Coaching Call Giveaway Shoutout to a listener + how to win a free call with Mum. Resources Central Practice Directions Free Disclosure Checklist Shinohara & Shinohara [2025] FedCFamC1A 126 (23 July 2025) Shamon & Shamon [2025] FedCFamC1A 150 (8 September 2025) Episode Links Your Business and Divorce (old episode) Weapons of Tax Destruction DIY Disclosure 🚨 Support Services: 1800 RESPECT (Family Violence Support – Australia) 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.
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Is My Co-Parent a Narcissist? Warning Signs, Boundaries & How to Protect Your Kids
10/22/2025
Is My Co-Parent a Narcissist? Warning Signs, Boundaries & How to Protect Your Kids
🎧 Listen to this episode if… You constantly walk away from conversations with your ex feeling drained, confused, or second-guessing yourself. Co-parenting feels more like a battleground than teamwork. You suspect your ex might be narcissistic or manipulative, but you’re not sure what to do about it. You want to learn how to protect your children emotionally while staying calm and in control. You’re tired of being baited into fights and want tools to respond, not react. ⚠️ Trigger Warning: This episode discusses family violence, coercive control, and trauma recovery. 📌 Disclaimer: This episode is for general information and education only. Please seek your own legal, psychological, or medical support for your specific circumstances. 📑 💻 https://www.thedivorcecourse.com.au What You’ll Learn: Is My Co-Parent a Narcissist? Warning Signs, Boundaries & How to Protect Your Kids 💔 Recognising the Signs: Mia explains how narcissistic or high-conflict co-parents reveal themselves — through blame-shifting, entitlement, image obsession, and control. ⚖️ The Court Reality Check: Lyn shares why using the word “narcissist” in court can backfire — and how to instead describe their behaviours (the “ingredients” rather than “the cake”). 🧱 Setting Boundaries That Stick: How to stop being pulled into chaos, manage constant conflicts, and accept “who you’re dealing with” so you can regain power. 🧒 Protecting the Kids: Red flags to watch for in how your ex uses or manipulates the children — and how to model calm, consistent parenting when they don’t. 💬 Parenting Teenagers of Narcissistic Exes: Mia and Lyn dive into the tricky years — when kids start echoing their narcissistic parent’s behaviour — and how to hold firm without turning into your ex. 💪 Your Healing & Hope: Why the most powerful move isn’t “winning” against your ex — it’s rebuilding your self-trust, removing their emotional “buttons,” and staying in your own lane. 🔗 Guest Expert Mia from Grey Rock Consulting — https://www.greyrockconsulting.com.au/ Lawyer, founder, and Australia’s first certified Master High Conflict Negotiation Coach (trained by Rebecca Zung). Mia helps clients and lawyers navigate high-conflict personalities with strategy, clarity, and self-preservation. ⏱️ Episode Timeline – 00:00 — Intro: Are You Co-Parenting with a Narcissist? Signs to Watch For 00:34 — Meet Mia from Grey Rock Consulting: Expert in Narcissists & High-Conflict Exes 02:11 — What Narcissistic Co-Parenting Really Looks Like (and Why It’s So Draining) 13:51 — How Narcissistic Co-Parenting Affects Kids Emotionally and Psychologically 18:25 — Setting Boundaries with a Narcissist: Staying Calm & In Control 21:49 — What to Include (and Avoid) in Parenting Orders or Plans 26:22 — Custody Chaos: When Your Narcissistic Ex Twists the Rules 26:45 — Unexpected Changes & Power Plays: How to Handle Parenting Plan Disputes 27:32 — Dealing with Difficult Co-Parents Who Refuse to Cooperate 29:12 — Emotional Recovery: Healing After Narcissistic Abuse 29:53 — When to Push Back (and When to Let It Go) in Co-Parenting Conflicts 35:08 — Teenagers & Narcissistic Parents: What to Do When Kids Mirror the Ex 37:38 — Maintaining Boundaries, Consistency & Emotional Safety at Home 40:39 — Becoming the Positive Role Model Your Kids Need 43:22 — Focusing on You: Self-Growth, Strength & Rebuilding Confidence 46:44 — Where to Get Help: Support, Counselling & Co-Parenting Resources 49:15 — Final Thoughts: Finding Freedom from a Narcissistic Co-Parent Related Episodes: Is it emotional abuse? Post Divorce Glow Up Divorcing an abuser 🎙️ https://open.spotify.com/episode/4P1DjaMtXTq2sbel4qywew 🎙️ https://open.spotify.com/episode/00kTon70LllVE97X8zn9vK 🚨 Support Services (Australia): 1800 RESPECT – Family Violence Support Lifeline 13 11 14 – Crisis Support Police – Call 000 if you are in danger ⚠️ Trigger Warning: This episode discusses family violence, coercive control, and situations that may feel unsafe. 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances.
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The Post-Divorce Glow-Up: Steps to Emotional Recovery after Abuse
10/15/2025
The Post-Divorce Glow-Up: Steps to Emotional Recovery after Abuse
🎧 Listen to this episode if… 💔 You’ve left an abusive relationship but still feel stuck, numb, or confused. 🧠 You’re trying to understand why you still feel controlled, scared, or exhausted. 💬 You want to know what healing actually looks like and how long it takes. 💪 You’re ready to start finding yourself again after years of walking on eggshells. 🌸 You want to rebuild your confidence, identity, and hope for the future. 💫 You just need to hear that full recovery is possible ⚠️ Trigger Warning: This episode discusses family violence, coercive control, and trauma recovery. 📌 Disclaimer: This episode is for general information and education only. Please seek your own legal, psychological, or medical support for your specific circumstances. Leaving an abusive relationship doesn’t mean the pain or confusion stops overnight. In this heartfelt episode, Laura and Lyn are joined by clinical psychologist Krazi Kirova, who specialises in trauma recovery and emotional abuse. Together, they explore what happens after you leave the emotional crash, the exhaustion, and eventually, the glow-up. You’ll learn what the research says about post-separation abuse, why healing takes time, and the eight key stages of recovery every survivor eventually moves through. Krazi shares powerful, evidence-based insights on rebuilding safety, identity, and connection and why the “post-divorce glow-up” you see online is about so much more than appearance. If you’re in that stage where you feel broken, tired, and unsure of who you are this episode is for you. It’s about hope, self-reclamation, and the small steps that slowly lead to peace, power, and joy again. ⏱️ Episode Timeline – The Post-Divorce Glow-Up: Healing After Abuse 00:00 – Introduction: Leaving abuse and why the pain doesn’t stop overnight 01:00 – Support reminder: Lifeline, 1800 RESPECT, and why safety comes first 02:00 – What keeps you stuck after leaving an abusive partner 03:00 – Why recovery can’t begin until you feel physically and emotionally safe 05:00 – The psychological “hurricane” of separation — and why it gets worse before it gets better 07:00 – Understanding post-separation abuse and coercive control 09:00 – How predictability helps survivors regain power and calm 11:00 – How courts are improving in recognising coercive control and trauma 12:00 – The physical and emotional depletion from years of abuse 13:00 – The “post-divorce glow-up” — and why your energy eventually returns 17:00 – How long does it really take to heal after abuse? 18:00 – What research says about recovery — it’s not linear 19:00 – The 8 key tasks for healing and recovery 20:00 – Step 1: Establishing safety — physical, emotional, and financial 22:00 – Step 2: Educating yourself and re-examining the relationship 25:00 – Step 3: Rebuilding identity — remembering who you are 29:00 – Step 4: Rebuilding social connections and support networks 32:00 – Step 5: Being selective about who you let in — healthy relationships only 33:00 – Step 6: Taking time before dating again 35:00 – Step 7: Embracing freedom, autonomy, and decision-making 38:00 – Step 8: Accepting recovery as a process — patience and self-kindness 42:00 – Courts and trauma-informed change in the family law system 44:00 – Step 9: Healing mentally and physically — reconnecting with your body 46:00 – The power of community, spirituality, and belonging in recovery 47:00 – Final reflections: “It’s a journey — and you are getting somewhere.” Resources Mentioned: 🧩 https://kirovapsychology.com.au/personal-resources/ 📑 💻 https://www.thedivorcecourse.com.au Related Episodes: 🎙️ Is it emotional abuse? Divorcing an abuser 🎙️ https://open.spotify.com/episode/4P1DjaMtXTq2sbel4qywew 🎙️ https://open.spotify.com/episode/4WQhunLQVtWn02k5FT7Mpv 🎙️ https://open.spotify.com/episode/00kTon70LllVE97X8zn9vK 🚨 Support Services (Australia): 1800 RESPECT – Family Violence Support Lifeline 13 11 14 – Crisis Support Police – Call 000 if you are in danger ⚠️ Trigger Warning: This episode discusses family violence, coercive control, and situations that may feel unsafe. 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances.
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Mediation Made Easier: 5 Things to Prepare So You Don’t Freeze, Fold, or Fail
10/08/2025
Mediation Made Easier: 5 Things to Prepare So You Don’t Freeze, Fold, or Fail
🎧 Listen to this episode if… 💬 You’ve got mediation coming up and don’t know where to start. 😰 You’re feeling stressed or unprepared to face your ex about custody or property. 📑 You want to know what to bring and how to prepare your documents. ⚖️ You need tips for negotiating calmly and confidently. 🚩 You’re dealing with a high-conflict or manipulative ex. 💸 You want to avoid costly mistakes and stay out of family court. 🧠 You just want to feel ready and in control on the day. ⚠️ Trigger Warning: This episode discusses family violence, coercive control, and situations that may feel unsafe. 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. You’re about to head into mediation and the very thought of it makes your palms sweat. Maybe someone just mentioned “mediation” and now you’re spiraling — wondering what to say, what to bring, and how to keep calm. This episode is for you if you want to feel confident, organised, and prepared (instead of panicked) before you sit down at that mediation table. Mum ( a family lawyer with over 35 years experience) and I walk you through the Top 5 things you need to do before mediation — practical, emotional, and strategic prep that will make a huge difference on the day. These aren’t just lawyer tips — they’re the real-world insights we’ve seen help countless people get through mediation feeling calmer, clearer, and more in control. We’ll talk about what to do if your ex is high-conflict, avoidant, manipulative, or genuinely amicable; how to prepare your documents and disclosure; and why it’s so important to have a plan for both success and failure. Plus, we touch on how to handle mediation safely if there’s been family violence Free Disclosure Checklist ⏱️ Episode Timeline – Mediation Preparation Tips 00:00 – What Is Mediation in Family Law? A clear introduction to how mediation works in divorce and separation cases. 01:24 – Meet the Hosts: Family Law and Divorce Experts Get to know your guides as they break down practical mediation strategies. 01:44 – Listener Stories and Divorce Mediation Experiences Real listener insights and why mediation can be both powerful and stressful. 03:18 – Understanding the Mediation Process in Divorce What happens during family law mediation — and how to get the best outcome. 05:17 – How to Prepare for Mediation: Know What You Want (and Don’t Want) Tips for identifying your priorities before stepping into the room. 14:27 – Creating Your Divorce Negotiation Plan Learn how to build a negotiation strategy based on your goals and your ex’s personality type. 23:06 – What Documents to Bring to Mediation Essential paperwork and evidence to prepare for property or parenting mediation. 24:09 – Court-Ordered Mediation and Section 60I Certificates Explained What happens if mediation is required before going to court. 27:24 – How to Write a Confidential Case Outline for Mediation Preparing your case outline to stay focused and calm. 28:28 – Preparing for Financial Disclosure in Mediation How to gather, label, and present financial documents effectively. 33:30 – Planning for Mediation Outcomes (Success or Failure) What to do if mediation works — or doesn’t. 41:59 – Mediation and Family Violence: How to Stay Safe When to use shuttle mediation, safety plans, or legal support. 45:13 – The Top 5 Tips to Prepare for Family Law Mediation Our biggest takeaways to help you walk in calm and confident. 48:41 – Final Thoughts, Resources, and Next Steps How to keep moving forward after mediation — whatever the outcome. Resources Central Practice Directions Free Disclosure Checklist Episode Links MEDIATION OR MANIPULATION Can you really mediate with a narcissist Do you need a lawyer for mediation? When Mediation goes wrong and what you can do next What happens after mediation - what if you change your mind 🚨 Support Services: 1800 RESPECT (Family Violence Support – Australia) Lifeline: 13 11 14 (Crisis Support – Australia) ⚠️ Trigger Warning: This episode discusses family violence, coercive control, and situations that may feel unsafe. 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances.
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Percentages in Divorce Property Settlements Explained
10/01/2025
Percentages in Divorce Property Settlements Explained
Listen to This Episode If You… 🏠 Have been told divorce property settlements are always 50/50 🤔 Want to understand how contributions (financial and non-financial) are weighed ⚖️ Are trying to figure out how your future needs affect your share 💰 Suspect your ex has wasted or hidden money and want to know what that means 📝 Need to know whether you can work out percentages yourself or need a lawyer 🧾 Are preparing for mediation or property negotiations and want strategies to stay strong 👶 Want to know how parenting responsibilities and children’s needs affect percentages Episode Summary Property settlements in divorce aren’t as simple as “split it down the middle.” In this episode, Laura and her mum Lyn (a seasoned family lawyer) unpack the myths and realities of percentages in property settlement. They break down how the Family Court in Australia actually calculates shares based on contributions, circumstances, and future needs — and why different lawyers might give you slightly different numbers. You’ll also learn why percentages aren’t always the best way to negotiate, and why focusing on dollar amounts and assets can be more effective. If you’re heading into mediation, dealing with a high-conflict ex, or just trying to understand what’s “fair,” this episode gives you some clarity into the confusing word of property settlements. ⚠️ Trigger Warning: This episode discusses family violence, coercive control, and financial abuse. 📌 Legal Disclaimer: This podcast is for general information only. It is not legal advice. Always seek independent legal advice about your situation. ⏱️ Episode Timeline – Divorce Property Settlements Explained 00:00 – What is a Divorce Property Settlement and How Does It Work in Australia? 00:09 – How Are Percentages Calculated in Divorce Property Settlements? 01:08 – Legal Disclaimer: Why You Must Get Independent Legal Advice in Divorce 02:02 – What Are the Basics of Property Division in Australian Family Law? 02:57 – What Does the Court Consider When Dividing Property After Divorce? 04:58 – Key Factors That Affect Your Property Settlement Percentage 17:21 – Divorce Case Study: What We Can Learn from Shaman 2025 21:59 – How Do Recent Legal Changes Affect Divorce Property Settlements? 24:06 – Practical Tips and Resources for Divorce Property Negotiations 25:55 – What Evidence Do You Need for Court in a Property Settlement? 26:17 – Mediation vs Negotiation: Which Works Best in the Property Division? 29:00 – How to Work Out Percentages in a Divorce Property Settlement 32:14 – Common Mistakes to Avoid in Divorce Property Division 38:10 – What Case Law and Legal Precedents Say About Divorce Property Splits 47:05 – Final Thoughts: How to Protect Yourself in a Property Settlement Resources & Links 📥 Download the Separation Under One Roof Checklist – available free to newsletter subscribers. Shamon & Shamon [2025] FedCFamC1A 150 (8 September 2025) Section 79 of the Family Law Act Dajani & Dajani [2025] FedCFamC1A 28 (26 February 2025) https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC1A/2025/28.html 🚨 Support Services: 1800 RESPECT (Family Violence Support – Australia) Lifeline: 13 11 14 (Crisis Support – Australia) 🎧 Related Episodes: Wastage in Divorce Super Split Myths The pitfalls of percentage negotiations Divorce Decisions : Settling vs Court 🔑 Key Topics Discussed Why property settlements are not automatically 50/50 How financial and non-financial contributions are considered The role of future and current circumstances under the Family Law Act How courts now deal with wastage and hidden assets Why lawyers may calculate percentages differently The risks of negotiating in percentages instead of dollars and assets Tips for handling high-conflict exes in property settlement discussions
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The Hidden Connection: Custody Battles & Property Splits in Divorce
09/24/2025
The Hidden Connection: Custody Battles & Property Splits in Divorce
🎧 Listen to This Episode If You… ✨ Are in the middle of property and custody negotiations ⚖️ Have an ex who’s threatened to push for more custody unless you agree to property terms 🏡 Want to understand how family courts consider housing and children’s needs in property settlement 😟 Are worried about being pressured or manipulated during mediation 💡 Want practical strategies to protect your kids’ best interests and your financial future ⚠️ Trigger Warning: This episode discusses family violence, coercive control, and situations that may feel unsafe. 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. The Hidden Connection: Custody Battles & Property Splits Custody and property are supposed to be separate issues in divorce — but are they really? In this powerful episode, we discuss the hidden connection between parenting arrangements and property settlement that many people don’t realize until it’s too late. We discuss how the Australian Family Court FCFCOA actually factors in who the primary carer is, the housing needs of children, and why having custody can impact the percentage you receive in a property split. More importantly, we explore what happens when your ex tries to use the kids as bargaining chips — and some strategies you can use to protect yourself and your children. If you’ve ever felt pressured to trade property for custody or worried that your ex is using threats of “50/50 care” to get more of the financial pool, this episode is for you. ⏱️ Episode Timeline – What We Discuss: [00:00] Introduction: Custody and Property – The Hidden Connection in Divorce [01:31] Do Custody Arrangements Impact Property Settlement in Family Law? [03:36] Why Housing Needs of Children Affect Property Division [06:50] Can You Keep the Family Home for the Kids After Divorce? [08:28] When Exes Use Custody as a Bargaining Chip in Property Negotiations [11:00] What to Do if Your Ex Threatens 50/50 Custody to Get More Property [13:11] Why Judges Care About Evidence, Chronologies, and Child-Focused Behavior [16:07] Spotting Red Flags: Custody Demands Tied to Property or Child Support [21:00] How Lawyers and Mediators Handle Custody-Property Tradeoffs [25:38] When Exes Suddenly ‘Step Up’ Parenting for Strategic Reasons [28:12] Negotiation Strategies: Staying Child-Focused While Protecting Property [31:32] Best Interests of the Child: What Section 60CC of the Family Law Act Really Says [39:00] Avoidant vs High-Conflict Exes: How Property Battles Play Out Differently [44:00] Why Documentation and Chronologies Are Your Best Defense [46:00] Final Thoughts: Staying Child-Focused and Resilient Through Divorce Resources & Links 🚨 Support Services: 1800 RESPECT (Family Violence Support – Australia) Lifeline: 13 11 14 (Crisis Support – Australia) 🎧 Related Episodes: Primary Carer Episode Section 60cc Best Interests of the Children Mediation or Manipulation ⚠️ Trigger Warning: This episode discusses family violence, coercive control, and situations that may feel unsafe. 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances.
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Stuck Under One Roof After Break Up or Divorce: What Are The Options?
09/16/2025
Stuck Under One Roof After Break Up or Divorce: What Are The Options?
🎧 Listen to This Episode If You… You’re separated but can’t afford to move out of the family home. You’re afraid leaving means you’ll lose your rights to the house. Your ex refuses to cooperate, acknowledge the separation, or leave. You’re experiencing coercive control or financial abuse after separation. Episode Summary Separation is hard enough — but what happens when you and your ex are still living under the same roof? For many, moving out simply isn’t an option: finances are tight, safety is uncertain, and myths about “losing the house” keep people trapped in toxic or unsafe environments. In this episode, we break down the realities of separation under one roof — what the family court in Australia considers what risks and protections you need to know about, and what practical steps you can take if you’re stuck. From safety planning to financial concerns, we’ll tackle the most common fears people have when their ex refuses to leave or makes life impossible at home. We’ll also bust some of the biggest myths, including the idea that leaving the family home means you “lose it forever.” Spoiler: that’s not how property settlements work. ⚠️ Trigger Warning: This episode discusses family violence, coercive control, and situations that may feel unsafe. 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. ⏱ Episode Timeline – Separation Under One Roof 00:00 – Introduction: What to Do If You’re Still Living With Your Ex After Separation 00:43 – Common Concerns in Divorce: “I’m Stuck Under One Roof With My Ex” 02:36 – What Does Separation Under One Roof Mean in Family Law? 03:57 – Divorce Myths: Does Leaving the House Mean You Lose Property Rights? 05:22 – Financial Traps in Divorce: How to Afford Living Separately 11:53 – Sole Occupancy Orders Explained: Forcing an Ex to Leave the Family Home 14:06 – Divorce Conflict: How to Deal With an Uncooperative or Controlling Ex 19:31 – Domestic Violence & Divorce: Creating Safety Plans While Living Together 25:04 – Court Orders and Safety Concerns When Separated Under One Roof 25:52 – Property Settlements in Divorce: How Renovations and Contributions Are Treated 28:41 – Divorce Property Division: What Courts Think About Home Improvements 32:31 – Post-Separation Manipulation: Recognising Coercive Control Tactics 35:13 – Children and Divorce: How Living Arrangements Affect Custody Decisions 40:29 – Separation Under One Roof Checklist: Key Questions to Protect Yourself 46:35 – Final Tips: Legal Support and Resources Available 📥 Download the Separation Under One Roof Checklist – available free to newsletter subscribers. 🚨 Support Services: 1800 RESPECT (Family Violence Support – Australia) Lifeline: 13 11 14 (Crisis Support – Australia) 🎧 Related Episodes: DAVIS Factor 79(5)f https://classic.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s79.html How to Prove Separation Under One Roof Who Pays the Mortgage After Separation? Separation Survival: Boundaries Under One Roof 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances.
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Custody & the Primary Carer: How to Protect Yourself & Your Kids In FAMILY LAW
09/09/2025
Custody & the Primary Carer: How to Protect Yourself & Your Kids In FAMILY LAW
🎧 Listen to This Episode If… 👩👧 You’re in a custody dispute and want to show the court you’re the primary carer ⚖️ You’re unsure what “primary carer” really means under family law 📚 You need to know what kind of evidence proves you’ve been the day-to-day parent 😟 You’re worried your ex is twisting the truth about who cares for the kids 📝 You want practical tips on documenting your role as the main caregiver 🏛️ You’re preparing for mediation or family court and want to feel more confident 💡 You want to understand how judges assess who the primary carer is ⚠️ Trigger Warning: This episode discusses family and domestic violence, coercive control, and financial abuse. 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek independent advice for your specific situation. primary carer. What does it actually mean? How do courts define it? Why does it matter so much in custody battles and interim hearings? And most importantly, how can you prove you’ve been the primary carer if your ex tries to rewrite history? We unpack the recent changes in family law in Australia, the shift away from the old 50/50 presumption, and why the courts now focus on the best interests of the children over parental entitlement. Along the way, we share practical examples, strategies for gathering evidence, and insights into how controlling or manipulative ex-partners sometimes exploit this concept. Whether you’re negotiating custody in mediation, preparing for court, or simply trying to understand your rights, this episode is for you. ⏱️ Episode Timeline – What We Discuss 00:00 – What does “primary carer” mean in divorce and custody cases? 02:08 – How do courts define the role of a primary carer in family law? 03:46 – What changes in family law affect interim parenting orders? 06:50 – How do judges decide the “best interests of the children”? 16:07 – How can you prove you are the primary carer in custody disputes? 23:13 – What practical steps help parents show primary carer status? 23:37 – When should you seek legal or psychological support in custody battles? 23:48 – How do you handle high-conflict separations in family court? 24:07 – What role do parenting plans play in custody and court proceedings? 25:38 – How does family violence impact child custody decisions? 28:01 – Do grandparents and babysitters count in proving primary carer status? 30:29 – What is the “first right of refusal” in custody arrangements? 34:39 – What evidence do you need to prove you’re the main carer for your children? 41:59 – Final thoughts and encouragement for parents in custody cases 📌 Links & Resources Mentioned Cowlings Case : The Purple Book Family Law Changes episode Family Law Act Australia Definition of Family Violence Family Law Act Section 61DAB Safeguarding against unfair accusations in Family Court Custody Battles Enrol now: The Divorce Course 🆘 Support Services 💜 1800 RESPECT – Domestic and Family Violence Support 📞 Lifeline – 13 11 14 (24/7 Crisis Support) ⚖️ Legal Aid – Visit your state’s Legal Aid website 👧 Kids Helpline – 1800 55 1800
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Affording a Family Lawyer Without Going Broke: Divorce Cost-Saving Tips
09/02/2025
Affording a Family Lawyer Without Going Broke: Divorce Cost-Saving Tips
Listen to This Episode If You… 💸 Can’t afford a lawyer full-time but still need legal support 📑 Are drowning in legal letters or excessive disclosure requests from your ex 👶 Want to protect your kids while keeping costs manageable ⚖️ Are considering mediation but don’t know when it’s safe to go without a lawyer 🧾 Want to learn how to organise your documents to save money 😟 Are worried your ex is using legal abuse or post-separation tactics to wear you down ⚠️ Trigger Warning: This episode discusses family and domestic violence, coercive control, and financial abuse. 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek independent advice for your specific situation. Affording a Lawyer Without Going Broke: Divorce Cost-Saving Tips Are you stuck in the “missing middle”... earning too much for legal aid, but nowhere near enough to pay endless legal bills? You’re not alone. For many separating couples, the cost of family law can feel like a second punishment, especially when an ex uses the system as a weapon of financial abuse or coercive control. In this practical and empowering episode, Laura and Lyn (a seasoned family lawyer) break down the real costs of divorce, why legal bills skyrocket, and the smart strategies you can use to keep costs under control. From disclosure to parenting arrangements, mediation to negotiation, you’ll discover what you can safely do yourself—and where it’s worth paying for expert legal help. If you’re overwhelmed by fees or worried your ex is driving up costs on purpose, this episode gives you the tools, insights, and confidence to navigate the system without draining your financial future. ⏱️ Episode Timeline – What We Discuss 00:00 – What you need to know before listening: Introduction and trigger warning 01:02 – What is the “Missing Middle” in Family Law and Divorce? (Legal aid limits and financial strain explained) 03:14 – How much do Family Law and Divorce lawyers cost in Australia? (Understanding legal fees) 07:56 – How do high-conflict exes use Family Law and Divorce to create legal abuse and drive up costs? 13:36 – What Family Law and Divorce strategies actually help keep legal costs down? 21:49 – Best Family Law co-parenting apps to cut conflict and reduce divorce lawyer bills 23:10 – What is the DIY Divorce Blueprint and how can it save you money in Family Law? 23:54 – Can you negotiate a Family Law divorce settlement without a lawyer? 24:35 – Family Law mediation tips: When mediation works in divorce and when it’s unsafe 28:12 – What are Family Law pre-court procedures in divorce? (Self-representation tips) 30:28 – How to organise your Family Law divorce case and manage legal costs like a pro 34:57 – Real Family Law success stories: How preparation cut divorce costs in half 36:32 – Final thoughts: Encouragement for staying strong during Family Law and Divorce 📌 Links & Resources Mentioned Related episode: Is Your Ex Bombarding You With Legal Letters? Parenting communication tools: Our Family Wizard, Our Children Case & Article: ABC News – Exorbitant Costs of Family Court Matters Post Separation Abuse Playbook and what you can do about it part 1 Dealing with Legal Abuse Protecting yourself from a narc ex in family court Age Appropriate Parenting Plans Legal Fees & Saving Strategies Enrol now: The Divorce Course 🆘 Support Services 💜 1800 RESPECT – Domestic and Family Violence Support 📞 Lifeline – 13 11 14 (24/7 Crisis Support) ⚖️ Legal Aid – Visit your state’s Legal Aid website 👧 Kids Helpline – 1800 55 1800
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Divorce and Wastage: Protecting Your Property When Your Ex is spending it all
08/26/2025
Divorce and Wastage: Protecting Your Property When Your Ex is spending it all
🎧 Listen to this episode if you… 💸 Suspect your ex has been wasting money during or after separation ⚖️ Want to understand what the new Family Law Act changes (June 2025) mean for add-backs 📑 Need to know how to prove wastage in court or mediation 🏡 Worry your savings could be treated unfairly if your ex has spent theirs 🧾 Want practical tips on disclosure, evidence, and how to talk to your lawyer ⚠️ Disclaimer: This is general education only and not legal advice. Please seek advice from your own lawyer about your specific circumstances. Divorce property settlements just got a major shake-up in Australia. On June 10, 2025, the Family Law Act changed—and the Full Court confirmed the new approach in Shinohara & Shinohara [2025] FedCFamC1A 126. So what does that mean for you? In today’s episode, we break down wastage and add-backs—what they are, how they used to work, and what the courts now say. We explore: The difference between wastage during the relationship vs after separation How gambling, drugs, alcohol, or reckless spending are treated The risks when your ex is stalling, hiding money, or draining joint accounts How to prove wastage with disclosure, documents, and chronologies What to say to your lawyer or mediator so it doesn’t get missed If you’ve been scrimping and saving while your ex has been spending big, this episode will help you understand how the law now protects you—and how to raise it at mediation or in court. ⚠️ Disclaimer: This is general education only and not legal advice. Please seek advice from your own lawyer about your specific circumstances. ⏱️ Episode Timeline – What We Discuss: 00:00 – What are wastage and add-backs in divorce property settlements? 01:28 – How do courts define wastage and add-backs in family law? 03:36 – What are the new legal changes (June 2025) and how do they affect divorce property division? 07:12 – How does wastage during and after marriage impact property settlements? 16:25 – How can you prove wastage in court after separation? 27:13 – What kind of proof and financial chronology does the court expect? 27:34 – Why keeping a clear chronology helps in divorce proceedings 28:30 – How do you raise financial wastage issues in mediation? 29:37 – What mediation strategies and legal cases should you know about? 30:50 – How is wastage treated in property settlement negotiations? 38:34 – Why is the separation date and superannuation balance so important? 43:40 – How do you handle wastage claims with a high-conflict or avoidant ex? 48:47 – What are the key takeaways for protecting yourself under the new family law changes? 📌 Links & Resources Mentioned Case Update: Shinohara & Shinohara [2025] FedCFamC1A 126 (23 July 2025) https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC1A/2025/126.html Our Free Webinar: Related episodes: DIY Disclosure in Divorce https://open.spotify.com/episode/49yOIB1GLDmXgeZCXkfyJS?si=eGN8WdTBQQql5-9WzT-NsA Legal Gatekeeping & What Your Lawyer Might Not Tell You https://open.spotify.com/episode/086JRHdfn0TGR2vyhhLD2z?si=49tG9RYPQtWFIJDOryviOw 💡 Final Thoughts The law around wastage and add-backs has changed dramatically. If your ex has been wasting money, don’t give up—there are still ways to make sure the court takes it into account. The key is evidence, preparation, and raising it early. 👉 If this episode was helpful, please share it with a friend, rate the podcast, and leave a review—it helps others find the support they need. 📌 Legal Disclaimer: This is a general discussion and not legal advice. Please see a qualified lawyer for advice specific to your situation. 🆘 Emergency & Support Contacts: 💜 Women’s Shelter: 1800 811 811 📞 Lifeline (24/7 Crisis): 13 11 14 👨👧 Mensline Australia: 1300 789 978 👧 Kids Helpline: 1800 551 800 🚨 DV Hotline: 1800 RESPECT (1800 737 732)
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ChatGPT and Divorce: 4 AI Traps That Could Hurt Your Case
08/13/2025
ChatGPT and Divorce: 4 AI Traps That Could Hurt Your Case
Listen to This Episode If You: 🗣️ Have used ChatGPT or AI tools to write legal documents 📱 Are wondering if your chat history could be used in court 🧾 Need help drafting or planning divorce paperwork 🤯 Feel overwhelmed and are tempted to “just ask ChatGPT” ⚖️ Want to avoid serious legal mistakes caused by bad AI info 🧠 Are using AI to organize your thoughts, but unsure where the line is More and more people are turning to AI tools like ChatGPT during their separation or divorce — but is it helping… or hurting your case? In this episode, we explore the four major risks of using AI in your divorce process and show you how to use it safely (if at all). From the scary reality that your chats can be subpoenaed, to the truth about AI “hallucinations” in affidavits, we break it all down so you don’t get caught off guard. We also share ways you can use AI smartly — for planning, organizing thoughts, or building checklists — but why you still need legal and emotional support from real people. 📌 Legal Disclaimer: This is general information only and not legal advice. Always consult a lawyer for your personal situation. ⏱️ Episode Timeline – What We Cover: [00:00] – Can You Use AI in Divorce? An Introduction to ChatGPT and Legal Tech [00:48] – Important Legal Disclaimer: Why AI tools can’t replace professional legal advice [01:29] – What Are AI Tools Like ChatGPT? Overview of how people use AI in divorce [02:41] – Should You Use AI to Draft Consent Orders? Key risks and considerations [05:47] – Can ChatGPT Write My Affidavit? The dangers of AI-generated court documents [08:14] – Why ChatGPT Isn’t a Lawyer: Understanding the limitations of AI in family law [12:23] – Is AI Just Telling You What You Want to Hear? How emotional bias can show up [15:35] – Can AI Be Used as Evidence in Court? Legal risks of relying on chat transcripts [20:53] – Upcoming Webinar Announcement: Learn more about using tech in legal separation [23:26] – Are Judges Ready for AI in Family Law? How courts are adapting to tech tools [24:07] – What Evidence Will the Court Accept? Tips on using tech tools wisely [24:25] – How Legal Communication Has Evolved: From letters to chat logs [25:25] – Key AI Risks to Watch for in Divorce Cases: What the law doesn’t forgive [27:01] – How to Use AI Safely: Smart ways to organise your thoughts and prep for court [29:23] – Real Cautionary Tales: What can go wrong when AI replaces your legal team [33:31] – Final Tips and Takeaways: When AI is helpful—and when it’s risky 🎙️ Related Episodes Putting Coercive Control into writing for Affidavits etc Divorce Survival: when you feel like giving up 12 agreements creating your own parenting plan 📌 Links & Resources Mentioned: 📞 1800 RESPECT – National Family Violence Support 📞 Lifeline: 13 11 14 – 24/7 Emotional Support 🆘 Emergency & Support Contacts: 💜 Women’s Shelter: 1800 811 811 📞 Lifeline (24/7 Crisis): 13 11 14 👨👧 Mensline Australia: 1300 789 978 👧 Kids Helpline: 1800 551 800 🚨 DV Hotline: 1800 RESPECT (1800 737 732) 📌 Legal Disclaimer: This is a general discussion and not legal advice. Please see a qualified lawyer for advice specific to your situation.
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Divorce Survival: 5 Strategies to Keep Going When You Feel Like Giving Up
08/05/2025
Divorce Survival: 5 Strategies to Keep Going When You Feel Like Giving Up
Listen to this Episode If You: 💔 Feel like the divorce process is dragging on and you’re running on empty ⚖️ Need legal strategies to slow things down without giving up entirely 🛡️ Want practical ways to protect your emotional energy 👶 Are trying to stay strong for your children while navigating court or mediation 💬 Need a pep talk (with a legal twist) to help you keep going If you’ve ever thought, “I just can’t do this anymore” during your separation or divorce, this episode is for you. Laura and Lyn share a heartfelt mix of practical legal steps and emotional strategies to help you through the moments when giving up feels like the easiest option. From taking baby steps and giving yourself permission to pause, to understanding how far you’ve already come, this is part pep talk, part legal guide — designed to help you push forward with clarity and confidence. They also cover how to handle deadlines from aggressive lawyers, the value of aligning your actions with your values, and why you’re probably doing far better than you think (even if it doesn’t feel like it right now). 📌 Trigger Warning: This episode discusses family violence and post-separation abuse. ⏱️ Episode Timeline – What We Discuss: [0:00] – Feeling like giving up? Here’s why your future (and your kids) need you to keep going [2:00] – Five strategies to help you keep moving forward in divorce [4:00] – Strategy #1: [7:00] – Strategy #2: [9:00] – Legal ways to request more time in your case [11:00] – Recognising pressure tactics designed to make you quit [12:00] – Strategy #3: [14:00] – Why timelines help you see progress and keep motivated [15:00] – Strategy #4: [18:00] – Remembering why you’re doing this — for your kids and your future [19:00] – Strategy #5: [27:00] – Handling post-separation abuse without giving up [30:00] – Setting boundaries to protect yourself from relentless contact [33:00] – Recap of the five key strategies [34:00] – Download your free “Don’t Give Up” worksheet [36:00] – Final encouragement to keep going — it will end 🔑 Key Takeaways: Small, consistent actions are better than trying to fix everything at once Pausing isn’t quitting — it’s a strategy for survival Remind yourself of your past wins to boost confidence Stay aligned with your values and instincts to avoid regret Progress is happening, even when you can’t see it 🎙 Related Episodes: When everything is spinning out of control in your divorce BATNA in Divorce When your mediation goes wrong what to do next? 10 essential boundaries for divorce 📌 Legal Disclaimer: This is a general discussion and not legal advice. Please see a qualified lawyer for advice specific to your situation.
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BATNA in Divorce: How to Negotiate Property and Parenting Like a Pro
07/29/2025
BATNA in Divorce: How to Negotiate Property and Parenting Like a Pro
Listen to This Episode If You… 🔍 Are heading into mediation and want to feel prepared, not panicked ⚖️ Want to make smart decisions about property and parenting outcomes 🧠 Have heard of BATNA but don’t quite know what it means or how to use it 🚪 Are unsure what your “walk-away” option looks like in negotiations 💬 Feel pressured to agree to something that doesn’t feel fair or safe 🧾 Want to understand your options without relying solely on court 🛠️ Are looking for practical, tips to empower your next steps 📌 Legal Disclaimer: This episode is general information only and is not legal advice. Always seek professional legal support for your specific situation. 📌 Trigger warning: discussions of family court and family violence. Are you heading into mediation or negotiating a divorce agreement? This episode is your practical guide to understanding BATNA (Best Alternative to a Negotiated Agreement) and WATNA (Worst Alternative to a Negotiated Agreement)—two essential tools to protect your future. An experienced lawyer and mediator walks you through how to prepare your own BATNA, why it’s important in family law (especially when emotions are high), and how it gives you clarity and confidence when facing tricky decisions about property, parenting, and more. If you’re unsure what’s fair or fearful of being pushed into a bad deal, this episode will help you step back, assess your options, and negotiate smarter. BATNA in Divorce: How to Negotiate Property and Parenting Like a Pro ⏱️ Episode Timeline – What We Cover: [00:00] – What Are BATNA and WATNA? Introduction to Divorce Negotiation Strategies [01:31] – How Do BATNA and WATNA Help You Make Better Divorce Decisions? [02:29] – Why Is Preparation the Key to Stronger Negotiations? [04:19] – What Can You Learn from Real-Life Mediation Examples? [08:28] – How Do You Create a BATNA for Property Settlement After Divorce? [17:09] – What Are the Steps to Build a BATNA for Parenting and Custody Arrangements? [21:49] – What Is the Emotional Cost of Going to Court Instead of Settling? [23:15] – How Do Courts Prioritize the Best Interests of the Children? [24:04] – What Role Do Family Reports and Child-Inclusive Mediation Play? [25:22] – How Can a BATNA-Based Parenting Plan Help You Prepare? [26:22] – What Is a WATNA and Why Should You Know Your Worst-Case Scenario? [28:04] – What Are Red Flags and Manipulative Tactics to Watch for in Mediation? [32:45] – What Financial Disclosure Do You Need for Fair Negotiations? [33:57] – How Can Knowledge and Preparation Empower You in Family Law Negotiations? [39:26] – What Are Your Next Steps to Negotiate Smarter and Safer? Questions BATNA for Property Settlement List All Assets and Debts (the Property Pool) Include houses, cars, superannuation, bank accounts, loans, credit cards, etc. Make sure you also list post-separation contributions (e.g., mortgage payments, childcare, etc.). Identify What You Need Financially Calculate your living expenses and future financial needs. Consider your housing needs, especially if you're the primary carer of children. Understand What the Law Might Award You Review how courts typically divide property in similar cases. Think about contributions, future needs, and Section 79(2) & (5) of the Family Law Act. Consider What You’d Get If You Went to Court Estimate legal costs, time delays, and emotional toll. This court outcome becomes your BATNA (or WATNA if it’s worse than a fair settlement). Build a Realistic Plan B Example: “If we can’t agree, I’ll apply for consent orders, or go to mediation, or file in court.” Include practical details — e.g., who will live where, interim arrangements, etc. BATNA for Children’s Arrangements Write Out What’s Best for the Children Consider their schooling, routines, health needs, and emotional safety. Outline a Parenting Plan That You Think Is Fair Include time with each parent, holidays, special events, decision-making responsibility. Assess Your Ex’s Likely Position What are they asking for? Is it reasonable? What might they agree to under pressure? Research What a Court Might Do Courts focus on the “best interests of the child” under Section 60CC of the Family Law Act. Understand how risk factors (like family violence) may impact parenting decisions. Create Your BATNA Parenting Plan If you don’t reach agreement, what’s the next best option? (e.g., apply for interim orders, request a Child Impact Report, or attend family dispute resolution). 🧠 Want more tools like this? Check out our other episodes on mediation, property settlement, and high-conflict negotiation strategies at . Episodes Mentioned Master your negotiations Iron Fist in a velvet glove Can you really mediate with a narcissist? Financial Fairness: Spousal Maintenance and Child Support Disclosure the what where why how Overcoming Disclosure Dilemmas When your mediation goes wrong and what to do next Support Services: 💜 Women’s Shelter Service: 1800 811 811 ⚖️ Legal Aid: Visit your state’s Legal Aid website 📞 Lifeline (24/7): 13 11 14 👨👧👦 Mensline Australia: 1300 789 978 👧 Kids Helpline: 1800 551 800 🚨 1800 RESPECT – National DV Hotline: 1800 737 732
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Family Law & Privacy: Can Your Ex Access Your Therapy Notes?
07/24/2025
Family Law & Privacy: Can Your Ex Access Your Therapy Notes?
Listen to This Episode If You: 🧠 Are considering seeing a psychologist during your separation 😨 Worry your ex might access your private or your child’s counseling records 📜 Want to understand the new Family Law Act changes around protected confidences ⚖️ Need clarity on subpoenas and how courts decide what’s relevant 💔 Fear that private health or therapy records could be weaponized against you 👩👧👦 Want to protect yours or your children’s emotional safety during family law proceedings Trigger warning: this discusses family violence and abuse. In this important episode, we unpack the changes to the Family Law Act (effective June 10, 2025), giving courts new powers to protect sensitive medical and psychological records in family law matters. We’ll cover how this change helps protect parents and children from having deeply personal information dragged through court, how to apply for protected confidences, and when courts might still allow access to private records. Whether you’re negotiating a parenting plan, heading into court, or trying to support your children with therapy, this episode gives you the knowledge and questions to ask your lawyer so you can make informed decisions about confidentiality and subpoenas. 📌 Legal Disclaimer: This episode is for general information only and not legal advice. Always seek independent legal and psychological advice for your situation. Trigger warning: this discusses family violence and abuse. ⏱ Episode Timeline – What We Discuss: [0:00] – What’s new in family law and why protecting your sensitive information matters [0:37] – Key disclaimers before we dive in [1:01] – Recent changes to the Family Law Act Australia explained [1:31] – Why sensitive information can impact your safety and case outcomes [4:35] – What counts as sensitive information in family court cases during Divorce? [5:43] – Practical tips to keep your sensitive details protected in court during divorce [6:48] – How the family court helps protect private and confidential information [9:37] – Real-life examples: when and how to protect documents during divorce [13:11] – How to make a legal objection or application to protect documents during Family Court [19:48] – Mediation and pre-action procedures involving sensitive material during divorce proceedings. [23:19] – How to object in family court to sharing private information during your divorce proceedings. [23:35] – What role does the family court judge play in deciding on sensitive disclosure? [24:42] – What happens if you agree (or are pressured) to share sensitive documents in your divorce proceedings? [25:44] – What to do if you feel coerced to disclose private details during family court. [26:51] – The family law legislation and family court rules that protect your privacy [30:20] – How to balance presenting evidence and protecting yourself in Domestic Violence Family Law cases [31:35] – Can psychologists be subpoenaed in Family Court? What happens to your child's notes? [36:58] – How court-ordered counseling and reports may affect children during Family Court [39:57] – Final thoughts, key takeaways, and where to get help 🔑 Key Topics Covered: New Family Law Act provisions on confidentiality and subpoenas How parents can protect their child’s psychologist notes Legal processes for objecting to subpoenas The risks of waiving your right to privacy (even unintentionally) When private records can strengthen your case Balancing evidence needs with emotional and psychological harm Tips for speaking to your lawyer about protected confidences 📌 Links & Resources Mentioned: 📝 Attorney-General’s Fact Sheet on Protected Confidences https://www.ag.gov.au/families-and-marriage/publications/family-law-changes-june-2025-protecting-sensitive-information 📞 1800 RESPECT – National Family Violence Support 📞 Lifeline: 13 11 14 – 24/7 Emotional Support 🎙 Related Episodes: When Divorce Isn’t The End: Post-Separation Abuse https://open.spotify.com/episode/1V23F0O5yhQt9NFLPOu6uJ?si=YIkUS7njRUS8tsvFunT_ng What is a subpoena? https://open.spotify.com/episode/4nVleHBTW9o4qOpeWhqgRt?si=KOUoIuctQs6KSf5zwq92nA 📌 Legal Disclaimer: This is a general discussion and not legal advice. Please see a qualified lawyer for advice specific to your situation. 🆘 Emergency & Support Contacts: 💜 Women’s Shelter: 1800 811 811 📞 Lifeline (24/7 Crisis): 13 11 14 👨👧 Mensline Australia: 1300 789 978 👧 Kids Helpline: 1800 551 800 🚨 DV Hotline: 1800 RESPECT (1800 737 732)
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“I’ve Got My Ex’s Disclosure… Now What?” How to Spot Red Flags and Protect Yourself
07/15/2025
“I’ve Got My Ex’s Disclosure… Now What?” How to Spot Red Flags and Protect Yourself
Listen to This Episode If You… 📂 Just received your ex’s disclosure and don’t know where to start 🧐 Want to know how to spot missing documents or sneaky omissions 💻 Are overwhelmed by pages of financial statements and legal jargon 🔎 Need practical tips for reviewing their disclosure without burning out ⚖️ Want to understand what “full and frank disclosure” actually means 💔 Are worried your ex might be hiding assets or draining accounts Are you staring at a pile of disclosure documents from your ex and wondering “What am I even supposed to do with this?” In this episode, I sit down with family lawyer Lynette Galvin (aka my mum!) to break down exactly what you need to know about reviewing your ex’s disclosure after separation. From tax returns and bank statements to spotting red flags and requesting missing information, we’ll guide you step-by-step so you can feel confident, not overwhelmed. Whether you’re doing it yourself or working with a lawyer, this episode will help you avoid costly mistakes, stay focused on what really matters, and protect your financial future. ⚠️ Trigger Warning: We discuss divorce, separation, and high-conflict situations in this episode. 📌 Legal Disclaimer: This episode is general information only and not legal advice. Always seek independent legal guidance for your situation. DOWNLOAD THE CHECKLIST HERE ---> https://www.thedivorcecourse.com.au/disclosurechecklist Timeline 00:00 – Introduction to Disclosure in Divorce What financial disclosure means in separation and why it’s a critical step in any property settlement or divorce process. 00:37 – Meet the Hosts A quick hello from Laura and Lynne and why their legal and lived experience can help you through this tricky stage. 00:58 – Why Disclosure Matters So Much We explain how disclosure protects your rights, ensures fairness, and why failing to understand it could cost you big time. 01:34 – What Does “Full and Frank Disclosure” Actually Mean? Breaking down the legal definition in family law and what your ex (and you) are legally required to provide. 02:51 – How to Analyze the Disclosure You’ve Been Given Step-by-step advice on what to do when that pile of documents lands in your inbox – and how to avoid feeling overwhelmed. 04:54 – DIY Disclosure and Your Own Research Why you shouldn’t rely solely on what your ex provides and ways you can independently verify information. 06:52 – Red Flags in Financial Disclosure Common warning signs that something might not add up: missing documents, unusual spending patterns, or assets in other people’s names. 19:20 – How to Handle Hidden Accounts and Unusual Transactions What to do if you suspect your ex is hiding money or diverting assets to avoid sharing them. 20:29 – The Purpose of Disclosure in Family Law Cases We talk about how courts use disclosure to assess property settlements and why honesty is non-negotiable. 21:05 – Post-Separation Contributions and Why They Matter What happens if one person has been paying the mortgage, school fees, or other major expenses since the split. 21:21 – Undisclosed Bank Accounts and Offshore Assets What to do if you find out your ex hasn’t disclosed all their financial interests. 21:49 – Free Resources to Help You Prepare for Divorce Tools and services that can help you better understand and manage disclosure. 22:32 – How to Request Additional Disclosure When you’re entitled to ask for more documents and how to word your request. 24:13 – When to Get Lawyers Involved in Disclosure Signs it’s time to stop DIYing and bring in legal support to avoid being taken advantage of. 25:27 – Forensic Accountants and Valuing Businesses or Complex Assets How professionals can uncover hidden money and accurately assess complicated financial situations. 29:19 – Risks of Avoiding or Ignoring Disclosure Why skipping this step or rushing the process can lead to unfair settlements or future legal problems. 31:32 – Dealing with High-Conflict and Manipulative Exes During Disclosure Practical strategies to manage stress and protect yourself emotionally while navigating the process. 33:04 – Managing Overwhelm With Big Disclosure Files What to do if you’re drowning in hundreds of pages of bank statements and financial records. 41:00 – Final Thoughts and Next Steps How to approach disclosure with clarity and confidence and where to get help if you’re stuck. Resources Episodes Mentioned in this Podcast Episode Overcoming Disclosure Dilemmas Disclosure: What, Where, Why & How Is your ex hiding assets: how to uncover the truth DIY Disclosure & Discovery When divorce isn’t the end dealing with Legal and Post Separation Abuse 🆘 Emergency & Support Contacts: 💜 Women’s Shelter: 1800 811 811 📞 Lifeline (24/7 Crisis): 13 11 14 👨👧 Mensline Australia: 1300 789 978 👧 Kids Helpline: 1800 551 800 🚨 DV Hotline: 1800 RESPECT (1800 737 732)
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Divorce and Defamation: What to Do When Your Ex Tries to Destroy Your Reputation
07/09/2025
Divorce and Defamation: What to Do When Your Ex Tries to Destroy Your Reputation
🎧 Listen to This Episode If You… 💔 You’re worried your ex is badmouthing you during divorce ⚖️ Want to know how false allegations and smear campaigns affect family court 🧠 Need strategies to protect your mental health from the gossip 📚 Want practical legal and emotional steps to respond to defamation 😢 Feel isolated because family and friends are believing lies 💬 Need to know how to gather evidence if your ex spreads false stories at work, school, or online Episode Summary: Are you worried your ex is trying to destroy your reputation during your divorce? You’re not alone. In this episode, we unpack how smear campaigns and defamation show up in family law – from gossiping with family and friends to spreading lies at school, work, or even on social media. Laura and her mum Lynne (a seasoned family lawyer) share why some exes resort to these tactics, how it can impact custody and property settlements, and what you can do emotionally and legally to protect yourself. This episode is your roadmap to staying calm, gathering evidence, and keeping your credibility intact when you feel like your name is being dragged through the mud. ⚠️ Trigger Warning: This episode discusses family violence, false allegations, and reputational attacks. 📌 Legal Disclaimer: This is general discussion only and not legal advice. Always seek advice from a lawyer for your situation. 00:00 Introduction and Trigger Warning 01:35 Understanding Smear Campaigns in Divorce 03:57 Defamation vs. Venting: Key Differences 04:45 Motivations Behind Smear Campaigns in Divorce 07:32 Family and Friends: Navigating Smear Campaigns in Divorce 14:04 School and Community: Protecting Your Reputation during divorce 19:54 Dealing with Professionals and Legal Implications during divorce 22:54 Workplace Challenges and Solutions during Divorce 25:48 Navigating Workplace and Family Law 27:02 Social Media Smear Campaigns during Divorce 31:07 Handling False Accusations in Family Court 36:37 Practical Steps for Self-Protection during Divorce 39:48 Defamation and Divorce 43:58 Maintaining Dignity and Focus During Divorce Resources Episodes Mentioned in this Podcast Episode Narcisisst Playbook in Divorce Is it family violence Your child's school and divorce Narcissistic Ex tells lies in Court, Mediation etc Seven Tips Is your ex telling lies in the Family Court DARVO: 8 ways to protect yourself in court 10 essential boundaries for a healthier divorce Navigating Parental Trash Talking 🆘 Emergency & Support Contacts: 💜 Women’s Shelter: 1800 811 811 📞 Lifeline (24/7 Crisis): 13 11 14 👨👧 Mensline Australia: 1300 789 978 👧 Kids Helpline: 1800 551 800 🚨 DV Hotline: 1800 RESPECT (1800 737 732) Divorce and Defamation:What to Do When Your Ex Tries to Destroy Your Reputation
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Can You Write to Your Ex’s Lawyer? Family Law Tips for Self-Represented People
07/02/2025
Can You Write to Your Ex’s Lawyer? Family Law Tips for Self-Represented People
Listen to This Episode If You: ✉️ You’re self-represented in your family law matter 🤯 You’re feeling overwhelmed trying to respond to legal letters ⚖️ You’re unsure of your rights when communicating without a lawyer 📬 You need tips for writing clear, respectful, and protective responses 🚨 You’ve been told you must respond but don’t know where to start 🧾 You want to avoid common traps and stay legally safe 📌 Legal Disclaimer: This is a general discussion and not legal advice. Please see a qualified lawyer for advice specific to your situation. Episode Summary: Can you write to your ex’s lawyer if you don’t have one yourself? What are the legal and strategic risks—and how can you protect yourself? In this essential episode, we break down how to navigate communication in your family law matter when you’re self-represented. From tone and structure to legal obligations and emotional traps, we cover everything you need to know to respond with confidence and protect your position. We also talk about when not to respond, what the Family Law Rules say about unrepresented parties, and what to do if the other side’s lawyer refuses to deal with you directly. If you’re facing legal letters, emotional pressure, or confusion about your next step—this episode is your guide. ⏱️ Episode Timeline – What We Discuss: 00:00 Introduction: Responding to Your Ex's Lawyer 01:45 Understanding the Stress of Legal Letters 04:13 What are the Rules for Communicating with Your Ex's Lawyer 06:31 Best Practices for Writing Legal Letters 15:43 Common Tactics in Family Lawyer Letters and How to Handle Them 19:42 Guidelines for Self-Represented Individuals in Family Law and Divorce 24:54 Handling Lawyer-Guided Mediation 25:16 When to Seek Legal Advice 25:43 Responding to Offers and Legal Letters in your Divorce 27:44 Managing Emotional Reactions in your Divorce 29:27 Timing and Professionalism in Legal Responses 31:44 Disagreeing Professionally in a letter to a family lawyer 36:26 Avoidant Personality Tips in Divorce Communication 38:02 High Conflict Personality Tips in Divorce Communication 39:36 Manipulative and Controlling Personality Tips in Divorce Communication 41:34 Amicable Personality Tips in Divorce Communication 45:17 Final Tips for Self-Represented Litigants Resources Case N Johnson (Appellant/Husband) and M L Johnson (Cross-Appellant/Wife) [1997] FamCA 32 (7 July 1997) https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCA/1997/32.html?query= RE: F Litigants in Person Guidelines [2001] FamCA 348 (4 June 2001) http://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCA/2001/348.html?query= 102na Information https://www.fcfcoa.gov.au/fl/pubs/fv-info-sheet Related Episodes Read a letter like a lawyer Decoding Divorce Word Salad Letters: Seven steps Costs & Calderbank Offers Divorce Deals 101 Ten Essential Boundaries for Divorce Community Legal Services and Legal Aid Episode 🆘 Emergency & Support Contacts: 💜 Women’s Shelter: 1800 811 811 📞 Lifeline (24/7 Crisis): 13 11 14 👨👧 Mensline Australia: 1300 789 978 👧 Kids Helpline: 1800 551 800 🚨 DV Hotline: 1800 RESPECT (1800 737 732)
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Is It Family Violence? Legal Definitions and Proof in Court
06/25/2025
Is It Family Violence? Legal Definitions and Proof in Court
🎧 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 advice specific to your situation. ⚠️ Trigger Warning: This episode discusses domestic and family violence. Episode Summary: What counts as family violence in Australia? And more importantly—how do you prove it in court or explain it to your lawyer? In this vital episode, we unpack the newer and expanded definition of family violence under the Family Law Act, section 4AB, and explain how each part can show up in real life—and in legal documents. From stalking, coercive control and financial abuse, to how children are affected—we cover each part of the legal definition and give guidance on how to identify, name, and prepare evidence for your case. Whether you're writing an affidavit, preparing for mediation, or just trying to make sense of what’s happened to you, this episode is here to help you take the next step. ⏱️ Episode Timeline – What We Discuss: 00:00 – What is this episode about and why does it matter? 00:40 – What trigger warnings and legal disclaimers should you know before listening? 02:09 – What recent changes have been made to the Family Law Act regarding family violence? 03:50 – What exactly is included in the new definition of family violence? 04:54 – How can you start gathering evidence of family violence? 11:46 – How do you prove emotional and psychological abuse in court? 17:16 – What counts as financial or economic abuse—and how can you show it? 27:58 – How does isolation and social control factor into family violence? 32:05 – Can friends or support people help provide evidence of abuse? 32:41 – What is the legal impact of family violence on children? 34:23 – How should you document incidents of family violence? 35:58 – Why are detailed affidavits so important in family court? 37:12 – When should you seek legal advice or a lawyer's help? 46:47 – What challenges might arise in mediation or court when trying to prove abuse? 57:17 – What are the key takeaways and support resources mentioned? 📌 Key Takeaways: The legal definition of family violence under Section 4AB Real-life examples of what courts consider family violence Emotional, economic, and psychological abuse explained How to describe incidents in affidavits or when reporting to professionals Children’s exposure to family violence and its legal weight Practical ways to document your experience for court Resources Family Law Act Section 4AB Definition of Family Violence . Affidavit DIY Kit: Related Episodes Four things you might not realise are coercive control Is it emotional abuse? Is it financial abuse? Divorcing your abuser Telling your story: putting coercive control into writing Affidavits 🆘 Emergency & Support Contacts: 💜 Women’s Shelter: 1800 811 811 📞 Lifeline (24/7 Crisis): 13 11 14 👨👧 Mensline Australia: 1300 789 978 👧 Kids Helpline: 1800 551 800 🚨 DV Hotline: 1800 RESPECT (1800 737 732)
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Living Arrangement Decisions For Divorce — What to Know Before You Buy, Sell or Rent
06/18/2025
Living Arrangement Decisions For Divorce — What to Know Before You Buy, Sell or Rent
🎧 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, I’m joined by Pedro Marin, Financial Planner from Marin Wealth, and my mum Lyn, an experienced family lawyer, to explore the options: keeping the house, selling, buying again, renting, or trying rentvesting. We look at the emotional, financial, and legal implications of each choice—and how they interact with the Family Law Act, especially Section 79(2) and 79(5), which focus on the needs of the children and future financial considerations. If you’re unsure what to do next or feel stuck between financial reality and emotional decisions, this conversation will help you start to look over the situation. Disclaimer: This is not legal or financial advice and you MUST see a lawyer or financial advisor before making any decision. We are not liable for the outcome of your case and by listening to this podcast you agree to this. ⏱️ Episode Timeline – What We Discuss: 00:00 – What’s this episode about and why is it crucial for separated couples? 00:15 – Who are Pedro Marin Ramirez and Lynette Galvin, and how can they help? 00:36 – What property decisions do you need to consider during divorce? 01:42 – Why do you need both financial planning and legal advice after separation? 03:05 – Should you keep the family home after divorce? What to consider 09:42 – Is now the right time to sell your house? Key market insights for separating couples 12:49 – What should you do with lump sum payments after selling the house? 20:47 – What is rent-vesting and how can it work after divorce? 23:21 – What are the risks of renting or investing in property post-divorce? 24:34 – How does the Family Court consider children’s housing needs in property settlement? 25:11 – Why is “just renting” sometimes not enough post-separation? 26:15 – Why do you need an emergency fund and solid financial planning after divorce? 28:50 – What does The Barefoot Investor say about post-separation money management? 29:31 – What are the pathways to home ownership after a divorce? 34:43 – What are the risks of property surgery after separation? 36:01 – How do you navigate home loans and bank requirements after divorce? 40:01 – What are the final takeaways and key resources for post-separation housing? Resources Marin Wealth Free Calculators Family Law Act 79(5) 🎙️ Related Episodes: I really want to keep the house Out of the box ideas to keep the house Understanding Property Settlement Options in Divorce Future Financial Needs in Family Law: Explained Weapons of Tax Destruction in Divorce Taking Control of your Finances in Divorce - Financial Abuse Red Flags 🆘 Emergency & Support Contacts: 💜 Women’s Shelter: 1800 811 811 📞 Lifeline (24/7 Crisis): 13 11 14 👨👧 Mensline Australia: 1300 789 978 👧 Kids Helpline: 1800 551 800 🚨 DV Hotline: 1800 RESPECT (1800 737 732) 📌 Key Takeaways: You have more options than you think—but each comes with trade-offs Emotional attachment to a home can cloud financial judgment Rentvesting can work, but it's not a silver bullet Selling might feel like a loss but can also give you financial breathing space Legal and financial decisions are intertwined, especially with children involved The court considers both your current and future needs under family law
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Divorcing an Abuser: Dealing with Post Separation Abuse
06/10/2025
Divorcing an Abuser: Dealing with Post Separation Abuse
🎧 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 episode contains discussions about abuse. 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Always speak to your own psychologist or lawyer about your specific situation. Divorce should bring closure, but for many, the abuse doesn’t end when the relationship does. In this powerful episode, we're joined by clinical psychologist Krasi Kirova, who specialises in complex trauma, emotional and psychological abuse, and family violence. Together, we unpack post-separation abuse—what it looks like, why it’s so common, and how to recognise the subtle and not-so-subtle ways a controlling ex might continue to manipulate and harass you during legal negotiations and co-parenting. Krasi shares practical tools for setting boundaries, managing emotional triggers, and protecting yourself mentally and emotionally as you navigate separation and the legal divorce process. If you're in the thick of divorce with an abusive or high-conflict ex, this episode is your lifeline. 🔑 Key Topics Discussed in This Episode: 00:00 – What is emotional abuse in the context of divorce? 00:15 – Who is Krasi Kirova and why is she an expert in emotional and psychological abuse? 00:54 – How can you set boundaries and protect your emotional health during and after divorce? 01:08 – What legal and psychological disclaimers should listeners be aware of? 01:42 – What did listeners say about our previous episode on emotional abuse? 03:13 – What challenges do survivors face after leaving an abusive relationship? 07:34 – How do you co-parent with an abusive ex-partner? 10:41 – How can you manage anxiety when dealing with legal communications from your ex? 12:34 – Why are support systems and legal preparation so important in these cases? 18:21 – How can you manage trauma and stress in family law settings? 21:01 – What should you understand about trauma reactions during supervised visits? 22:16 – What regulations and training exist for contact centers? 22:34 – Why are victims sometimes misidentified as perpetrators in court? 23:27 – What strategies do abusers use to sabotage mothers post-separation? 24:21 – What is the DIY Divorce Blueprint and how can it help you? 25:04 – How can you handle manipulative communication from your ex? 29:04 – How do you rebuild confidence after surviving coercive control? 31:45 – What are the common self-gaslighting patterns in legal processes? 37:00 – How do you create a supportive community during and after separation? 40:14 – What are the key takeaways and resources shared in this episode? 📌 Links & Resources Mentioned: 🔗 – National Domestic and Family Violence Counselling Service 🔗 – 24/7 Crisis Support 🔗 Legal Aid – Access to legal help for those in need 🔗 – Support for young people Dr Emma Katz - 🔗 [Krasi Kirova's workshop – Understanding Emotional Abuse in Relationships] 🎙️ Related Episodes: Do I really need to respond to that? Is that Emotional Abuse? 🧠 Let’s keep the conversation going If this episode resonated, please share it with a friend or leave us a review. Your support helps more people find the show and feel empowered in their own journey. ENROL NOW 🆘 Support Services: 💜 Women’s Shelter Service: 1800 811 811 ⚖️ Legal Aid: Visit your state’s Legal Aid website 📞 Lifeline (24/7 Crisis Support): 13 11 14 👨👦 Mensline Australia: 1300 789 978 👧 Kids Help Line: 1800 551 800 🚨 National DV Hotline: 1800 RESPECT (1800 737 732) 🖤 Aboriginal Family DV Hotline: 1800 019 123
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The Hidden Costs of Doing Nothing – Why Waiting in Limbo Might Be Hurting You
06/03/2025
The Hidden Costs of Doing Nothing – Why Waiting in Limbo Might Be Hurting You
🎙️ 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 emotional abuse. 📌 Legal Disclaimer: General info only. Please get specific legal advice for your situation. Separation is overwhelming—there’s grief, uncertainty, and a mountain of legal stuff no one feels ready for. But what happens when you do nothing? In this episode, I sit down with my mum Lyn (a family lawyer) to talk about the risks of delaying action after separation or divorce. From financial pitfalls to missed opportunities and emotional burnout, we explore what it really costs to stay stuck in limbo. You’ll learn if waiting “until things settle down” can actually work against you—and how small steps today can protect your future. If you’ve been unsure about where to start, afraid to rock the boat, or feeling too exhausted to make decisions, this episode is here to give you the clarity and confidence to take your first step. ⏱️ Episode Timeline: 0:00 – Trigger warning, legal disclaimer & welcome 1:30 – Why so many people stay stuck after separation 3:00 – What it feels like to be in post-separation “limbo” 4:45 – Common fears: lawyers, conflict, making the wrong move 6:10 – Emotional costs of doing nothing: guilt, stress, burnout 9:00 – Financial costs: how waiting can shrink your property pool 10:30 – Parenting: when not taking action can hurt your child’s stability 13:00 – False hope: thinking your ex will change or agree later 15:00 – How court views delays—and why judges may not be sympathetic 17:00 – Misconceptions that delay people from acting 20:00 – What to do if you’re scared of your ex’s reaction 22:30 – First steps you can take—without lawyers or court 25:00 – Why the DIY Divorce Blueprint was created for people in limbo 27:00 – Reassurance: you don’t have to figure it all out right now 28:30 – Final thoughts: permission to take action at your own pace 📚 Related Episodes: Four things you might not realise are coercive control ENROL NOW 🆘 Support Services: 💜 Women’s Shelter Service: 1800 811 811 ⚖️ Legal Aid: Visit your state’s Legal Aid website 📞 Lifeline (24/7 Crisis Support): 13 11 14 👨👦 Mensline Australia: 1300 789 978 👧 Kids Help Line: 1800 551 800 🚨 National DV Hotline: 1800 RESPECT (1800 737 732) 🖤 Aboriginal Family DV Hotline: 1800 019 123
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Family Law Mediation Secrets – What Your Mediator Wish You Understood
05/21/2025
Family Law Mediation Secrets – What Your Mediator Wish You Understood
🎧 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 you’re properly prepared. In this episode, I sit down with my mum Lyn (a seasoned family lawyer) to reveal the top 5 things mediators wish people knew before walking into mediation. Whether you’re facing property division, parenting negotiations, or dealing with a high-conflict or manipulative ex, we’re giving you practical, real-world strategies to set you up for success. From shuttle rooms to knowing your must-haves vs nice-to-haves, this episode is your ultimate mediation prep guide. ⚠️ Trigger Warning: This episode includes discussion of family and domestic violence. 📌 Legal Disclaimer: This is general information only and not legal advice. Always seek independent legal advice for your situation. ⏱️ Episode Timeline: 00:00 Introduction to Mediation 00:10 Top Five Things Mediators Wish You Knew 01:18 Separate Rooms for Mediation -Do you have to be in the same room with your ex? (Hint: no!) 07:03 Compromise is Key - Why compromise is crucial — and how to prepare for it 11:52 Be Prepared with Documents - Clear goals vs nice-to-haves: how to prep like a pro 17:17 Anticipate Your Ex's Roadblocks 21:53 Navigating Conversations About Your Ex 22:20 Understanding Your Role in Mediation 22:29 Join Our Free Webinar 23:06 The Mediation Experience 24:13 Handling Pressure During Mediation 27:07 Preparing for Mediation -Your must-have mediation prep checklist 29:55 Dealing with Different Divorce Personality Types 34:00 Tips for staying calm and focused with difficult exes 36:26 Managing Manipulative and Controlling Exes 40:26 Where to get free mediation and disclosure checklists 🔑 Key Topics Discussed: The 5 things mediators wish you knew How to emotionally prepare for mediation What to do when you’re dealing with coercive control or narcissism Practical tips for organising your evidence and disclosures The power of clear goals and flexible thinking How to keep calm and avoid being derailed The truth about compromise — and how to protect yourself while doing it Why you’re still in control, even if you feel overwhelmed Using mediation as a tool — even if your ex is impossible The role of support people, tech tips, and being emotionally ready 📚 Related Episodes: 🎙️ https://open.spotify.com/episode/3Vjl0I9xXUQruoAQKLVh11?si=pQpMWvz_RHKapxZ07AgkoA 🎙️ https://open.spotify.com/episode/4P1DjaMtXTq2sbel4qywew?si=EeVPhl6dTDiphTLXhoeTaA 🎙️ 🆘 Support Services: 💜 Women’s Shelter Service: 1800 811 811 ⚖️ Legal Aid: Visit your state’s Legal Aid website 📞 Lifeline (24/7 Crisis Support): 13 11 14 👨👦 Mensline Australia: 1300 789 978 👧 Kids Help Line: 1800 551 800 🚨 National DV Hotline: 1800 RESPECT (1800 737 732) 🖤 Aboriginal Family DV Hotline: 1800 019 123
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Super Split Myths: Why Equalising Isn’t Always Fair in Divorce
05/14/2025
Super Split Myths: Why Equalising Isn’t Always Fair in Divorce
🎧 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 off on that “equal split,” you’ll want to hear this. In today’s episode,we sit down to unpack the worrying trend of super equalising — where separating couples are told to simply make their super balances the same and move on. But here's the thing… that’s not what the family law of Australia says, and it could seriously disadvantage you, especially if you’ve been the lower income earner or the stay-at-home parent. We share case examples, court insights, and some shocking myths that are floating around in legal circles — and we tell you what to do if a lawyer, mediator, or even your ex suggests this path. 📌 Legal Disclaimer: This is general info only — not legal advice. Please seek independent legal support for your personal situation. 0:00 – Are you about to deal with your super during divorce? Here's why this episode matters 1:00 – What does “equalising super” even mean—and why is it a problem? 2:00 – Why super is just another form of property under Australian law 3:30 – Why some lawyers are pushing for equal splits (and why that's dangerous) 5:30 – The golden rule: Super is subject to all the same rules as other property 7:00 – Are you being pressured to leave super out or just equalise it? Here's what to watch for 9:00 – How parenting and homemaking count as contributions to super 11:00 – Dodgy tactics: Over-contributing to super or hiding income 12:00 – How new 2025 laws include behaviour and abuse in property settlements 13:30 – When equalising might actually be okay—but only if the whole pool is fair 14:30 – Real case: Baxter & Baxter – what happens when the court gets it wrong 17:00 – What you can say to your ex (or lawyer!) if they push for equal super splits 18:30 – What Section 75(2) of the Family Law Act says—and why it matters 21:00 – Your capacity to earn, care for kids, and stay healthy are all future needs 23:00 – Why just “keeping the super” might leave you financially vulnerable 25:00 – The court’s 5-step approach—and why percentages come last 27:00 – Why agreeing to percentages too early can backfire 30:00 – What to take to your lawyer to get proper advice on super and property 32:00 – Are SMSFs and defined benefit funds treated differently in divorce? 33:30 – Can you ever access your super early for legal fees? 34:00 – Why 97% of people settle out of court—and what that means for fairness 36:00 – Why consent orders can protect you more than a Binding Financial Agreement (BFA) 🔑 Key Topics Discussed Why superannuation is property and must be assessed like any other asset The myth of "equalising super" — and who really benefits from it How future needs (Section 75(2)) affect super division When courts don’t approve equal splits — even in consent orders How coercive control and fear can influence unfair agreements The difference between cash and super — and why it matters to your financial future What the law actually says about super splitting Case examples: Coghlan & Coghlan (2005) and Baxter & Baxter (2010) Why defined benefit and self-managed funds need special attention What info to bring to your lawyer when discussing your super and property pool 🎙️ Related Episodes Contributions episode Future Needs episode: Property episode: Superannuation episode : Spousal Maintenance are you eligible episode The Pitfalls of Percentages RESOURCES SECTION 75 of the family law act https://www5.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s75.html 📧 Email the show: ⚠️ Emergency Contacts & Support Services: 💜 Women’s Shelter Service: Call 1800 811 811 ⚖️ Legal Aid: 📞 Lifeline (24/7 Crisis Support): Call 13 11 14 👨👦 Mensline Australia: Call 1300 789 978 👧 Kids Help Line: Call 1800 551 800 🚨 National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732 🖤 Aboriginal Family Domestic Violence Hotline: Call 1800 019 123 ☎️ 1800 RESPECT – Family/domestic violence support ☎️ Lifeline: 13 11 14 – For emotional support
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Divorce Deals 101: What to Know Before You Make or Accept a Deal With Your Ex
05/07/2025
Divorce Deals 101: What to Know Before You Make or Accept a Deal With Your Ex
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 high-conflict ex. 📌 Legal Disclaimer: This is a general legal discussion only. Always seek independent legal advice before making decisions about your case. 🎧 Listen to This Episode If You: 📬 You’ve just received an offer and don’t know what to do 📝 You’re drafting an offer and want to avoid costly mistakes 🤯 You’re confused about Calderbank offers or “without prejudice” negotiations ⚖️ You want to protect yourself from future legal costs ⏳ You’re wondering when the best time is to make an offer 😨 You’re worried your ex will use offers to manipulate or delay things 💬 You need tips for negotiating with high-conflict or avoidant exes 💡 You want to feel more confident and strategic about settlement 0:00 – legal disclaimer 1:00 – Why settlement offers are the key to ending court drama and legal stress 2:00 – What’s the point of making an offer if your ex is high-conflict or controlling? 3:30 – How making an offer (even if rejected) can help you with legal costs 5:00 – What are “party and party” costs and how much can you actually recover? 6:30 – Why you MUST put all offers in writing — and how to do it right 7:30 – Tips for structuring your offer: how to make it clear and court-friendly 9:00 – What happens when an offer is accepted — and how to turn it into consent orders 10:30 – Do you still have to go to court if you’ve accepted an offer? 12:30 – When’s the best time to make a settlement offer? 14:00 – Why timing matters and how it could impact a cost order 16:30 – Should you lowball or highball your offer like Facebook Marketplace? 18:00 – Mediation vs formal offers — what negotiation tactics are acceptable? 19:30 – What to ask yourself before you make an offer you might regret 21:30 – Mental prep: why understanding “fair” in the legal system is essential 24:00 – How guilt, people-pleasing, or pressure can lead to bad decisions 26:30 – The danger of controlling exes and how your history may influence your judgment 28:00 – What does “without prejudice” mean and why does it matter in negotiations? 30:00 – How to write a strong, effective, and strategic settlement offer 31:30 – What to do if you receive a last-minute or unreasonable offer 33:00 – Can you put time limits on offers? Are they enforceable? 34:30 – How to request more time or more information before accepting 36:00 – What if the offer is close, but not quite right? Counter-offer strategies 37:30 – Should your new partner, family, or friends be involved in decisions? 39:00 – Section 117C of the Family Law Act and how costs get awarded 41:00 – What if you ignore an offer completely? 43:00 – The emotional toll of negotiating and the power of staying objective 45:00 – Final tips for successful settlement negotiations 48:00 – Understanding your worst and best-case court outcomes before accepting 49:00 – A final reminder to always seek legal advice and protect your future 🔑 Key Topics Discussed What makes a good settlement offer — and why timing matters How Calderbank offers work and why they can protect you legally What Section 117C of the Family Law Act says about court-ordered costs The risks of ignoring or rejecting offers (especially in family court) When to negotiate and when to stand your ground Tips for writing a clear and strategic offer What happens if your offer is accepted (and what to do next) How to deal with unreasonable or manipulative exes Why offers must always be documented in writing What to do if you're pressured into accepting an offer you're unsure about The emotional reality of negotiation — and why it's okay to take your time Who should be involved in helping you assess or make an offer (spoiler: not your new partner!) 📎 Links & Resources Mentioned ☎️ 1800 RESPECT – Family/domestic violence support ☎️ Lifeline: 13 11 14 – For emotional support 📧 Email the show: ⚠️ Emergency Contacts & Support Services: 💜 Women’s Shelter Service: Call 1800 811 811 ⚖️ Legal Aid: 📞 Lifeline (24/7 Crisis Support): Call 13 11 14 👨👦 Mensline Australia: Call 1300 789 978 👧 Kids Help Line: Call 1800 551 800 🚨 National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732 🖤 Aboriginal Family Domestic Violence Hotline: Call 1800 019 123 🎙️ Related Episodes Calderbank Offers Disclosure Checklist 📧 Email the show: ⚠️ Emergency Contacts & Support Services: 💜 Women’s Shelter Service: Call 1800 811 811 ⚖️ Legal Aid: 📞 Lifeline (24/7 Crisis Support): Call 13 11 14 👨👦 Mensline Australia: Call 1300 789 978 👧 Kids Help Line: Call 1800 551 800 🚨 National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732 🖤 Aboriginal Family Domestic Violence Hotline: Call 1800 019 123 ☎️ 1800 RESPECT – Family/domestic violence support ☎️ Lifeline: 13 11 14 – For emotional support #DivorceSupport #FamilyLawAustralia #SettlementOffers #SeparationHelp #CalderbankOffer #DivorceNegotiation #LegalCosts #FamilyCourtMatters #WithoutPrejudice #FairSettlement #PostSeparationAbuse #HighConflictDivorce #PropertySettlementTips #FamilyLawHelp #TheDivorceCoursePodcast
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What the 2025 Family Law Divorce Reforms Might Mean for You
04/30/2025
What the 2025 Family Law Divorce Reforms Might Mean for You
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 these changes matter, how they could help victims of coercive control or economic abuse, and the kinds of evidence that could now influence outcomes in property disputes. As always, we bring the info in a way that’s easy to understand—no legal jargon, just real talk.. ⚠️ Trigger Warning: This episode contains discussions of family and domestic violence. 📌 Legal Disclaimer: This episode contains general information only and is not legal advice. Please seek independent legal advice for your situation. 🎧 Listen to this episode if… 🐾 You’re separating and worried about who gets the dog 💸 You’ve experienced economic or financial abuse ⚖️ You’re navigating a property settlement and unsure what’s “fair” 📜 You’re already in court and want to know if these changes apply 😟 You’ve struggled to get your lawyer to take family violence seriously 📂 You’re overwhelmed with financial disclosure or suspect your ex is hiding assets 💔 You want to protect your rights—and your peace of mind—in the process ⏱️ Timeline Summary – What You’ll Hear 0:00 – Trigger warning and legal disclaimer 1:00 – Why these 2025 law changes matter 2:00 – How family violence can now impact property settlements 5:00 – Understanding the new “wastage” rule (big shift!) 10:00 – What counts as economic abuse in property disputes 15:00 – Your pet isn’t just “property” anymore – companion animals and court 20:00 – Financial disclosure: new pressure on lawyers and parties 27:00 – Children’s Contact Centres: mandatory accreditation and safety focus 33:00 – Less Adversarial Approaches: what’s changing and what’s not 38:00 – Does this apply to your case if you're already in court? 41:00 – How these changes can help—or hurt—you depending on your approach 46:00 – Final wrap-up: What to do now and what to watch for next 🔑 Key Topics Discussed in This Episode The biggest Family Law reforms in 20+ years — and what triggered them How coercive control and economic abuse will now factor into property settlements Why “wastage” matters (and how post-separation spending could impact outcomes) The real legal status of pets in 2025 — not just “property” anymore! New financial disclosure rules and how they’ll change the game The pressure on lawyers to address family violence properly Why Children’s Contact Centres are changing — and becoming saferThe shift towards less adversarial approaches in court Whether these changes apply to your existing case What to do now to prepare if you’re currently separated or about to file 🔗 Links & Resources 📄 Download the updated Central Practice Direction 📄 Link to the Attorney-General's 2025 Family Law fact sheets ☎️ 1800 RESPECT – Family/domestic violence support ☎️ Lifeline: 13 11 14 – For emotional support 📧 Email the show: ⚠️ Emergency Contacts & Support Services: 💜 Women’s Shelter Service: Call 1800 811 811 ⚖️ Legal Aid: 📞 Lifeline (24/7 Crisis Support): Call 13 11 14 👨👦 Mensline Australia: Call 1300 789 978 👧 Kids Help Line: Call 1800 551 800 🚨 National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732 🖤 Aboriginal Family Domestic Violence Hotline: Call 1800 019 123 🎙️ Related Episodes: Does Domestic Violence Effect Property Settlement Disclosure Checklist Overcoming Disclosure Dilemmas Episode 194: What the 2025 Family Law Reforms Mean for You (Pets, Property & Power Plays) #FamilyLawAustralia #DivorceSupport #PropertySettlement #EconomicAbuse #CoerciveControl #FamilyViolence #FamilyCourtReform #KnowYourRights #SeparatedAndStrong #DomesticViolenceAwareness #LegalUpdates2025 #SharedParenting #CustodyAndProperty #ProtectYourPeace #DivorceAustralia
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Beyond 50/50: Creative & Legal Ways to Settle Property in Divorce in Australia
04/23/2025
Beyond 50/50: Creative & Legal Ways to Settle Property in Divorce in Australia
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 you’ve been wondering how the Family Court might view your proposed agreement, or you just want clarity before making any big decisions, this one’s for you. ⚠️ Trigger Warning: We do talk about separation, divorce, and family and domestic violence in this episode. 📌 Legal Disclaimer: Everything shared here is general info only — not legal advice. Always speak to your own lawyer about your unique situation before making any decisions or signing anything. 🎧 Listen to This Episode If You: 🏡 You’re separated and thinking about how to split your assets 🤔 You’ve heard “it’s always 50/50” and you’re not sure if that’s true 🔑 You’re trying to keep the house, super, or a specific asset 😵💫 You’re overwhelmed by all the legal options 😟 You’re scared of doing the “wrong” thing with your property settlement ⚖️ You want a fair deal that protects your financial future 🧠 You’re a visual thinker and need real examples to understand your options DISCLAIMER: THIS IS NOT LEGAL ADVICE just a discussion about Australian Family Law and Divorce or DeFacto Separation. 🔑 Key Topics Discussed in This Episode What a property settlement actually is – and why it matters after separation Common myths about property division – including the truth behind “it’s always 50/50” The 8 different ways you can reach a property settlement – from informal agreements to full court proceedings How to decide which option is right for you – based on your safety, finances, and communication with your ex The risks of doing nothing – and why delays can cost you more than just money Keeping the house, super, or other assets – what’s realistic and what the court considers How to protect yourself legally and financially – especially in high-conflict or coercive control situations When and how to get legal advice – and how to prepare for it Case examples to help you understand what each option might look like in real life What to do if your ex won’t cooperate or communicate 🎙️ Related Episodes: Consent Orders vs BFAs: What’s Best for You https://open.spotify.com/episode/5qgGhdAl5UaOo7LHb2Yf5Y?si=1d87hZ-iQ2iPadSuzyHBAQ I Really, Really Want to Keep the House https://open.spotify.com/episode/6TzW9skKgvO8fjm0gcFPRg?si=uz9H0V3eRsaXzKKoLlMfaA Selling the House in Divorce: What You Need to Know https://open.spotify.com/episode/6YUc34CVu6aCmunjQT1Sp6?si=7I8graLWQrm3PD_4brxOng ⚠️ Emergency Contacts & Support Services: 💜 Women’s Shelter Service: Call 1800 811 811 ⚖️ Legal Aid: 📞 Lifeline (24/7 Crisis Support): Call 13 11 14 👨👦 Mensline Australia: Call 1300 789 978 👧 Kids Help Line: Call 1800 551 800 🚨 National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732 🖤 Aboriginal Family Domestic Violence Hotline: Call 1800 019 123 ⏳ Episode Timeline: 0:00 – Trigger warning and legal disclaimer 1:00 – What are we covering in today’s divorce property settlement episode? 2:00 – What is the classic percentage split in a divorce—and how does it work? 3:30 – Why isn’t property always divided 50/50 in a divorce? What factors do courts consider? 5:30 – What are the risks of saying “You take the house, I’ll take the super” during divorce? 7:00 – When would this kind of divorce agreement be rejected by the court? 9:00 – Should we just sell everything and divide the cash after a divorce? 11:30 – Why can selling assets post-divorce shrink your overall property pool? 13:00 – What happens if one person buys the other out in a divorce settlement? 15:30 – How do you make sure the house is valued fairly during divorce proceedings? 17:00 – Can we trade assets like cars for cash or super for shares in a divorce? 18:30 – Is super always equal in value when dividing assets in divorce? 20:00 – What is superannuation splitting—and how does it work in a divorce? 22:00 – Is equalizing superannuation always a fair solution in divorce settlements? 23:30 – Can one person take on debt in exchange for more assets—and is that safe in a divorce? 25:00 – What are the legal risks when one partner takes on joint debt after divorce? 27:00 – What happens if we leave everything as it is and avoid a divorce property settlement? 29:30 – What real divorce stories show why doing nothing can go wrong? 33:00 – What are the new 2025 divorce-related laws—and how does post-separation spending affect your case? 34:30 – How can you figure out what’s fair in your unique divorce situation? Episode 193 Beyond 50/50: Creative & Legal Ways to Settle Property in Divorce in Australia #DivorceSupport #PropertySettlement #FamilyLawAustralia #SeparationSupport #DivorceTips #KeepTheHouse #SuperSplit #FinancialAbuseAwareness #FairDivorce #LegalHelp #SplitAssets #CoParentingSupport #EqualPropertySplit #FamilyCourtMatters #DivorceCoursePodcast
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Child Custody In Divorce: The 10 Most Common Questions
04/15/2025
Child Custody In Divorce: The 10 Most Common Questions
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 issues. 🎧 Listen to This Episode If You... Are recently separated and unsure where to start Want to learn how to understand your parental rights in court Are co-parenting with someone difficult, absent, or controlling Are trying to protect your child from a harmful environment Need clarity around parenting plans vs court orders Are preparing to go to family court Feel overwhelmed by legal jargon and want straight answers ⚠️ Trigger Warning: This episode includes discussions about family and domestic violence. 📌 Legal Disclaimer: This podcast provides general information only and does not constitute legal advice. Every family law case is different, and you should always seek professional legal support specific to your circumstances. 📌 Episodes Mentioned in This Episode: Official Parenting Orders: Do I really need them? 🎧 Case Mentioned: Isles & Nelissen [2022] FedcFAMC1A 97 – an “unacceptable risk” family court case 📚 Links & Resources 🧾 Word Salad Checklist (Download) - https://www.thedivorcecourse.com.au/wordsaladchecklist 📞 1800 RESPECT – Support for family and domestic violence 📞 Lifeline (13 11 14) – Mental health and emotional support 📞 000 – In case of immediate danger ⏱️ Timeline Summary 00:00 Introduction and Trigger Warnings 01:02 Understanding Child Custody 02:08 Immediate Steps After Separation 03:19 Consent Orders vs Parenting Plans 04:33 High Conflict Situations 05:56 What is the Best Interests of the Child 15:07 What is the difference between Legal vs Physical Custody 18:39 Domestic Violence and Custody 23:33 Surgical Risk and Legal Analogies 24:21 Can My Child Decide Who They Want to Live With? 24:26 Webinar Invitation: Empower Yourself Through Divorce 25:40 Can I Relocate with my child and Custody: Legal Insights 27:14 What can I do if my ex is Threatening of International Relocation 27:54 Joint Custody: Pros, Cons, and Realities 30:18 Proving an Ex is Unfit for Custody 31:26 How do you Modify and Enforce Custody Arrangements 33:30 How to Deal with Manipulative and Controlling Exes 34:08 High Conflict Custody Situations 36:20 Avoidant Exes and Custody Challenges 38:08 Final Thoughts and Support Resources 🔖 Hashtags (for Social Media) #ChildCustody #FamilyLawAustralia #ParentingAfterSeparation #HighConflictDivorce #CoParenting #FamilyCourt #LegalParenting #DomesticViolenceAwareness #SharedParenting #CustodyBattle #DivorceSupport #ConsentOrders #ParentingPlan #FamilyLawHelp #ProtectiveParenting 📌 Final Disclaimer: Nothing discussed in this episode should be taken as legal advice. Please speak with a qualified legal professional who understands your personal situation and jurisdiction. 🎙️ Episode Title: Top 10 Child Custody Questions Answered (What Parents Need to Know)
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