The Divorce Course Podcast

Are you currently going through your property settlement or about to go through who gets what in your divorce process then this episode is perfect for you. This is part three of a series of episodes that covers Sorting your Property Settlement in Divorce. This episode covers how the court may consider your future needs and how it may change your property settlement outcome. Listen to this episode to know what you might be entitled to and to make sure you don’t make the mistake of glossing over the property settlement process and leaving yourself high and dry in the future. Click here to learn more about your DIY DIVORCE BLUEPRINT Click here for our free checklist for your divorce and property settlement  Sign up here for our next free online webinar    Click below to listen to the other episodes we refer to in the episode Sorting your property settlement in divorce: Financial Contributions before cohabitation and how it affects your property settlement Sorting your property settlement in divorce: Part 2 Non financial & financial contributions during & after marriage. Spousal Maintenance - are you eligible?   FAMILY LAW ACT 1975 - SECT 75 Matters to be taken into consideration in relation to spousal maintenance You Don’t Want to Miss Out On 75(2) factors of the family law act What future needs are considered when negotiating property settlement How can age affect your property settlement? How can your health affect your property settlement? What happens if you are married for a short time in property settlement? What happens if you’ve never worked a paid job and you are getting divorced? What happens if you need to upgrade your skills to get back into the workforce and you are getting divorced? How taking care of the children can affect your property settlement Children with special needs and your property settlement  What are the factors considered for future needs? Does your ex’s girlfriend or boyfriend gets considered in your property settlement? Superannuation and how it is calculated in future needs for your divorce? What happens if your ex has superannuation that cannot be split? How are overseas pensions taken into account during property settlement? What happens with a trust and property settlement?  Did you support your ex while they were studying for a degree? Learn how this can affect your property settlement in your divorce. What you should raise with your lawyer when discussing property settlement How to help property settlement in mediation How to find the family law act and how to read it to help you. How child support is considered  If you need emergency help you can also contact: WOMEN'S SHELTER SERVICE  LEGAL AID Lifeline 13 11 14 Mensline Australia 1300 789 978 Kids Help Line 1800 551 800 Aboriginal Family Domestic Violence Hotline 1800 019 123 Relationships Australia  Police on 000 DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill DV Connect Mensline on 1800 600 636 National DV line on 1800 737 732.1800RESPECT 1800 737 732 Make sure you hit SUBSCRIBE so you don’t miss out on the next practical steps and guide to your divorce or de facto separation coming soon. And, if you’ve found this episode helpful, please leave a rating and a review so it can help others. Thank you.  Please note this is general advice only. Please always seek independent legal advice as everyone’s situation is different. 

Click here to learn more about your DIY DIVORCE BLUEPRINT Are you about to hire a lawyer or do you currently have a lawyer and are starting to wonder if they are a good fit for your case. In this episode we cover what you should be looking for when hiring a lawyer and the red flags to keep an eye out with your current family or domestic violence lawyer. We discuss what type of lawyer you need based on what divorce personality you are facing and why. We also cover what the process is if you decide to change lawyers. Click here for our free checklist for your divorce and property settlement  Sign up here for our next free online webinar  You Don’t Want to Miss Out On How to choose the right lawyer Why do you need to check your lawyer's experience?  Why some children’s matter lawyers are not that great at property matters. Why are some domestic violence lawyers not great family lawyers?  Why is it important to choose the right lawyer for the kind of work you need? Why it is important to choose a certain type of lawyer based on your divorce course personality prism. Why it’s important to have a lawyer that will tell you the things you sometimes probably don’t want to hear during your case but need to. Why is it helpful for your lawyer to have appeared in front of your  judge before? Why should you be concerned if your lawyer doesn’t want to put your case to the judge because they seem scared? Why it’s important to have a lawyer who is upfront about costs and billing. Family law and domestic violence legal billing and the best way to do it.  Why it’s a good idea to check LinkedIn when choosing a family lawyer or domestic violence lawyer. How often should you expect to hear from your lawyer? How to make sure you avoid unnecessary billing from your family lawyer. Why it’s important you trust your lawyer and what to do if you don’t. The process involved if you want to change lawyers. Can you change lawyers midway through your case? What kind of lawyer do you need if you are divorcing a narcissist? What kind of lawyer do you need if your divorce is amicable? What lawyer to look for if you have a high conflict case? If your ex is controlling and manipulative what lawyer would work best for your case.   If you need emergency help you can also contact: WOMEN'S SHELTER SERVICE  LEGAL AID Lifeline 13 11 14 Mensline Australia 1300 789 978 Kids Help Line 1800 551 800 Aboriginal Family Domestic Violence Hotline 1800 019 123 Relationships Australia  Police on 000 DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill DV Connect Mensline on 1800 600 636 National DV line on 1800 737 732.1800RESPECT 1800 737 732 Make sure you hit SUBSCRIBE so you don’t miss out on the next practical steps and guide to your divorce or de facto separation coming soon. And, if you’ve found this episode helpful, please leave a rating and a review so it can help others. Thank you.  Please note this is general advice only. Please always seek independent legal advice as everyone’s situation is different.   

Are you suffering from Post Separation Abuse? Are you finding yourself being kept under coercive control, isolated, harassed, stalked, subjected to legal abuse, financial abuse, counter parenting, alienation allegations or neglectful coparenting? We discuss what post separation abuse can look like and how you can counter it. We examine the One Mom’s Battles Post Separation Abuse Wheel and Lyn, a family lawyer of 35 years gives tips and advice that you can follow if you find yourself in any of these situations.   Sign up here for our next free online webinar  Click here to learn more about your DIY DIVORCE BLUEPRINT Click here for our free checklist for your divorce and property settlement  One Moms Battle - Post Separation Abuse Wheel You Don’t Want to Miss Out On What is coercive control? What is post separation abuse? How can you be isolated after separating from an abusive ex? What to do if you feel like you are being harassed and stalked? How to approach a police officer refusing to take your statement about domestic violence.  Why it is still important to report your concerns and incidents each time.  How to try prove abuse of legal services How the children are used in post separation abuse Counter parenting and what to do about it. Alienation allegations and what to do about it. Neglectful parenting and what to do about it What is an unfriendly parent in the eyes of the court? Abuse vs alienation What is an ICL independent children’s lawyers What is a contact centre?   If you need emergency help you can also contact: WOMEN'S SHELTER SERVICE  LEGAL AID Lifeline 13 11 14 Mensline Australia 1300 789 978 Kids Help Line 1800 551 800 Aboriginal Family Domestic Violence Hotline 1800 019 123 Relationships Australia  Police on 000 DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill DV Connect Mensline on 1800 600 636 National DV line on 1800 737 732.1800RESPECT 1800 737 732 Make sure you hit SUBSCRIBE so you don’t miss out on the next practical steps and guide to your divorce or de facto separation coming soon. And, if you’ve found this episode helpful, please leave a rating and a review so it can help others. Thank you.  Please note this is general advice only. Please always seek independent legal advice as everyone’s situation is different. 

If you are worried about what happens to your money after separation or divorce and how it will be split between your ex and yourself this episode is for you. We discuss non financial and financial contributions during the marriage and after cohabitation and how it affects your property settlement in the family court. Did you get a lump sum of money during your marriage? Did you get an inheritance, or have you been saving money after separation and are now facing a property settlement and wondering if your money should be a part of the property pool. Even if you have a family lawyer this is a good episode for you to listen to so that you know how the property settlement is decided and how what you’ve contributed during the marriage and after you’ve separated can affect the property split.  Sign up here for our next free online webinar  Click here to learn more about your DIY DIVORCE BLUEPRINT Click here for our free checklist for your divorce and property settlement    Episodes you might want to listen to as well Podcast Episode Part 1: Property Settlement: property before cohabitation and how it affects your property settlement Podcast Episode: DIY Property Pool Discover and Disclosure    You Don’t Want to Miss Out On How your inheritance is treated in property settlement How money made and spent during the marriage or cohabitation is looked at for property settlement What is a non financial contribution What is a financial contribution What is matrimonial property  Is there such a thing as non matrimonial property How the length of the marriage affects the property settlement Exceptions for during cohabitation that don’t normally gets considered 50/50  inheritance and windfalls and lump sums What the case law says about contributions How percentages are used in property settlement  What happens with your money after separation. How is it included in the property settlement in the family court?  Does the money you save after separation get included in the property pool. How does caring for the kids affect the property pool in your property settlement.  What are non-financial contributions that go towards the property pool? Documenting post separation contributions  What are financial contributions after separation? What are negative contributions post separation? How is credit card debt treated in post separation property settlement? Does the waiting time get included into the judgement on property?  What is the difference between consent orders and judge ordered court orders? What are the risks of property settlement What are future needs and why are they considered in the property settlement? If you need emergency help you can also contact: WOMEN'S SHELTER SERVICE  LEGAL AID Lifeline 13 11 14 Mensline Australia 1300 789 978 Kids Help Line 1800 551 800 Aboriginal Family Domestic Violence Hotline 1800 019 123 Relationships Australia  Police on 000 DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill DV Connect Mensline on 1800 600 636 National DV line on 1800 737 732.1800RESPECT 1800 737 732 Make sure you hit SUBSCRIBE so you don’t miss out on the next practical steps and guide to your divorce or de facto separation coming soon. And, if you’ve found this episode helpful, please leave a rating and a review so it can help others. Thank you.  Please note this is general advice only. Please always seek independent legal advice as everyone’s situation is different. 

Are you about to go to trial or worried what your trial would be like in your family court. We will break it down in a really easy to understand way so you know what you will be facing and you won't have any surprises. Break up the fear of the unknown and be prepared for your day in family court for your divorce, children’s or property settlement. Sign up here for our next free online webinar  Click here to learn more about your DIY DIVORCE BLUEPRINT Click here for our free checklist for your divorce and property settlement  You Don’t Want to Miss Out On How knowing what goes on in a trial will help you face your fear. How keeping a mindfulness approach to your trial day can really keep you focused and achieve better outcomes for you on the day. The theatre of a trial and what to expect Who will be in the trial room with you. What the trial room will look like. What to expect from the judge How to speak to a judge What a judges associate is and what to expect from them on the day of the trial  How to know where to stand when you go into court The layout of the courtroom What is a bar table and why is it called one? When do witnesses come into the trial Where do witnesses wait during the trial proceedings Can you take a support person with you? How does the judge enter? How does the trial start What kind of housekeeping does the judge do at the beginning What is the point of the witness box What do you have to do in the witness box What kind of questions do they ask in the witness box How can you prepare for a trial What does the affidavit have to do with the trial Why it’s important to refresh your memory Why it’s important to eat breakfast the day of court Top strategy for the witness box What is going on in the head of the barrister or the lawyer How long can you be in the witness box How to ask to go to the bathroom if you’re in the witness box What should you do when a judge asks you a direct question How should you address the judge during your family court trial What are closing submissions What's the difference between written and spoken submissions What do you find out the outcome of your family court trial How long does it take to get a judgement Can you cross examine your ex in the witness box yourself? How to prepare for trial and cross examine if you are doing it yourself If you are self representing What happens if your trial is via zoom? What's the difference between a divorce trial with zoom as opposed to in the court room? How many support people should you bring to a trial Objections during court, how does it happen, why and who can do it. Can you object yourself to questions asked of you in the witness box? How to take care of yourself after the trial What happens if you cry in the witness box Why do lots of people settle on the day of the trial? How to avoid being done for costs? What happens if the judgement matches the offer you or your ex offered a year ago or months ago?   If you need emergency help you can also contact: WOMEN'S SHELTER SERVICE  LEGAL AID Lifeline 13 11 14 Mensline Australia 1300 789 978 Kids Help Line 1800 551 800 Aboriginal Family Domestic Violence Hotline 1800 019 123 Relationships Australia  Police on 000 DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill DV Connect Mensline on 1800 600 636 National DV line on 1800 737 732.1800RESPECT 1800 737 732 Make sure you hit SUBSCRIBE so you don’t miss out on the next practical steps and guide to your divorce or de facto separation coming soon. And, if you’ve found this episode helpful, please leave a rating and a review so it can help others. Thank you.  Please note this is general advice only. Please always seek independent legal advice as everyone’s situation is different.   

Are you freaking out about your divorce proceedings? At some point during everyone’s divorce there may be a moment of panic or a feeling of hopelessness. This is the episode to listen to if you are worried. Let Lyn, a family law specialist of over 35 years experience explain the legal things she explains to her clients to calm them down when they are panicking. And some great tips you can use to eliminate more worry later down the track. Divorce and court isn’t as scary as you think it is. We’ve got your back. Press play and feel better today. Sign up here for our next free online webinar  Click here to learn more about your DIY DIVORCE BLUEPRINT Click here for our free checklist for your divorce and property settlement  You Don’t Want to Miss Out On Five points to remember when freaking out in divorce proceedings Your ex isn’t special, the family court has seen it all before Why keeping notes of your divorce proceedings can help calm you in a moments of panic of your divorce What happens if mediation fails? How long it takes from initial application to final trial What are the new family court directives How to stop your ex from freaking you out. How to be proactive in your divorce proceedings instead of reactive. How to make plans before you ask for a response to something so you don’t have to worry about what their response will be, if any. How to speed up your divorce process. Consequences and how to use them to help progress the matter forward. Drafting letters as your next response as a way to calm yourself Why setting your own divorce goals are important Why creating a action plan of steps needed is important Why you need a plan a, plan b and plan c to eliminate the panic How not to let the new year make you upset about your divorce. Divorce songs and how they can help you get the confidence to face the legal stuff. Why do you need to focus forward and live your life during the divorce process? How what you focus on can affect how you cope with your divorce process. How to reclaim your power after separation. You don’t need your ex to do a thing to get your divorce finalised Why threats don’t always end up in reality Why getting a psychologist can really help your mental health during your divorce proceedings.   If you need emergency help you can also contact: WOMEN'S SHELTER SERVICE  LEGAL AID Lifeline 13 11 14 Mensline Australia 1300 789 978 Kids Help Line 1800 551 800 Aboriginal Family Domestic Violence Hotline 1800 019 123 Relationships Australia  Police on 000 DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill DV Connect Mensline on 1800 600 636 National DV line on 1800 737 732.1800RESPECT 1800 737 732 Make sure you hit SUBSCRIBE so you don’t miss out on the next practical steps and guide to your divorce or de facto separation coming soon. And, if you’ve found this episode helpful, please leave a rating and a review so it can help others. Thank you.  Please note this is general advice only. Please always seek independent legal advice as everyone’s situation is different. 

We discuss what happens when you separate. Who should get the pets in a divorce? How the family court views pets and what they can do. And also what you can do to make sure the pet is taken care of in your divorce.  We look at other pet owners' solutions and how you can apply these yourself. We also discuss pets in domestic violence situations and where you can go to for help. Sign up here for our next free online webinar  Click here to learn more about your DIY DIVORCE BLUEPRINT Click here for our free checklist for your divorce and property settlement  You Don’t Want to Miss Out On How your pet is viewed in the family court.  Is there anything in the family law act that refers to pets? Whats the difference between livestock and pets and how does the court deal with this? Can you work out an arrangement yourself to share the custody of the pets?  Can a family court judge make an order on the custody of a pet? How pet possession can be proven by registration papers?  Show dogs and divorce. What happens if your ex takes your pet? What should you do before separation with your pet? Why you should never leave pets with a person who has committed DV. T Domestic Violence and Pet Care Disability Pet or Support Animals and Divorce Property Settlement and Pets are they included as assets? Consent orders and financial agreements and pets. If you need emergency help you can also contact: WOMEN'S SHELTER SERVICE  LEGAL AID Lifeline 13 11 14 Mensline Australia 1300 789 978 Kids Help Line 1800 551 800 Aboriginal Family Domestic Violence Hotline 1800 019 123 Relationships Australia  Police on 000 DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill DV Connect Mensline on 1800 600 636 National DV line on 1800 737 732.1800RESPECT 1800 737 732 Make sure you hit SUBSCRIBE so you don’t miss out on the next practical steps and guide to your divorce or de facto separation coming soon. And, if you’ve found this episode helpful, please leave a rating and a review so it can help others. Thank you.  Please note this is general advice only. Please always seek independent legal advice as everyone’s situation is different. 

REGISTER for our next free online webinar  ACCESS THE DIY DIVORCE BLUEPRINT Checklist for your divorce and property settlement Today’s Listener Divorce Questions:   This podcast is general advice only How can you change existing parenting orders? Can you change your parenting orders after a few years? What is the main aim of the practice direction for the federal circuit and family court of australia? What is the case of the Rice & Asplin case of 1978 and how to relate to wanting to change parenting orders. Centrelink payments and your property settlement, what you need to know The family law act and what it says about money from the government in property settlement and divorce. Post separation savings and in the property settlement. What happens to your bank account savings you’ve saved after separation in the divorce proceedings. Can you keep the money for yourself in property settlement? Send your questions to thedivorcecoursepodcast@gmail.com  Follow us on Instagram Join us on Facebook Find out more about the divorce course podcast If you need emergency help you can also contact: WOMEN'S SHELTER SERVICE  LEGAL AID Lifeline 13 11 14 Mensline Australia 1300 789 978 Kids Help Line 1800 551 800 Aboriginal Family Domestic Violence Hotline 1800 019 123 Relationships Australia  Police on 000 DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill DV Connect Mensline on 1800 600 636 National DV line on 1800 737 732.1800RESPECT 1800 737 732 Make sure you hit SUBSCRIBE so you don’t miss out on the next practical steps and guide to your divorce or de facto separation coming soon. And, if you’ve found this episode helpful, please leave a rating and a review so it can help others. Thank you. 

Sign up here for our next free online webinar  Click here to learn more about your DIY DIVORCE BLUEPRINT Click here for our free checklist for your divorce and property settlement Part 1 of our property settlement and divorce series.  This episode covers the factors and assets that are considered when thinking about contribution before marriage or cohabitation and who gets what after divorce. We discuss: How the length of Marriage can make a difference to the outcome? How the size of the Property Pool can affect the outcome? How can it matter what you and your partner do with the assets during the marriage? How superannuation before cohabitation is considered in property settlement.  Stay tuned for PART 2 contributions during the marriage and PART 3 contributions after the marriage and how it could affect your property settlement during divorce?  You Don’t Want to Miss Out On   Why the length of your marriage matters in property settlement in divorce. How does what you bring into the marriage get sorted out when you get divorce? What is a contribution? The difference in a property settlement for a 30 year marriage to a 10 year marriage? If you bring in a house or shares it doesn’t automatically be given back to you at separation.  What is considered a short marriage? How do children factor into property settlement percentage?  A case of gold bars under the waterbed Why furniture and pianos don’t count as contributions at the beginning of the marriage What things are considered contributions at the beginning of a marriage? How to get proof that you bought a house before marriage Superannuation. If you have not brought anything into the marriage at all can you end up with some property in your divorce settlement? How future needs are considered in a property settlement.  If you helped pay child support for your ex’s kids can you get the money back after divorce? What do you do if your contributions before marriage are not being acknowledged by the other side? When might it be not a great idea to fight for initial contributions to be acknowledged in court? Why it is important to put in the effort and do the work to get the evidence before mediation. How to negotiate with a narcissist during property settlement. If your ex changes everything into their mothers name can it still be included in the property pool?  Does it matter if your ex changes their assets into someone else's name?   If you need emergency help you can also contact: WOMEN'S SHELTER SERVICE  LEGAL AID Lifeline 13 11 14 Mensline Australia 1300 789 978 Kids Help Line 1800 551 800 Aboriginal Family Domestic Violence Hotline 1800 019 123 Relationships Australia  Police on 000 DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill DV Connect Mensline on 1800 600 636 National DV line on 1800 737 732.1800RESPECT 1800 737 732 Make sure you hit SUBSCRIBE so you don’t miss out on the next practical steps and guide to your divorce or de facto separation coming soon. And, if you’ve found this episode helpful, please leave a rating and a review so it can help others. Thank you.  Please note this is general advice only. Please always seek independent legal advice as everyone’s situation is different. 

REGISTER for our next free online webinar  ACCESS THE DIY DIVORCE BLUEPRINT Checklist for your divorce and property settlement Today’s Divorce Listener Questions:   What happens to the money from your house sale after it is sold but you are still in divorce proceedings? What happens after you and your ex have signed a property agreement or have property settlement? Can you file another affidavit after your initial affidavit to the court? What can you do if an affidavit filed in your case is full of lies?  How the family court is streamlining their system What is the new Family law practice management aiming to streamline the court processes for separation and divorce proceedings? What are the new case practice management directions of the Family  court and how does it change things? General advice only Send your questions tothedivorcecoursepodcast@gmail.com    Follow us on Instagram Join us on Facebook Find out more about the divorce course podcast   If you need emergency help you can also contact: WOMEN'S SHELTER SERVICE  LEGAL AID Lifeline 13 11 14 Mensline Australia 1300 789 978 Kids Help Line 1800 551 800 Aboriginal Family Domestic Violence Hotline 1800 019 123 Relationships Australia  Police on 000 DVConnect Womenslineon 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill DV Connect Menslineon 1800 600 636 National DV lineon 1800 737 732.1800RESPECT 1800 737 732  Make sure you hit SUBSCRIBE so you don’t miss out on the next practical steps and guide to your divorce or de facto separation coming soon. And, if you’ve found this episode helpful, please leave a rating and a review so it can help others. Thank you.  Please note this is general advice only. Please always seek independent legal advice as everyone’s situation is different.

Over Lyns many years of Family Law experience she has found that there are typically four different types of divorces. The strategies and outcomes you use can change based on what type of divorce you are facing. If you intend on following through with each step that the divorce course podcast intends to lay out, it is important to identify your type. The mother daughter duo Lyn and Laura will be referring to each stage and referring to what is best to do based on the type of divorce you determine from this episode.  Lyn aims to talk to people like she talks to people in consultation, with her daughter Laura, asking the questions you would most likely ask during the visit.    You don’t want to miss: Knowing your type of divorce An overall summary of what to expect in these types of separations. A basic summary of the steps in the divorvce process Some simple basic 101 rules to start following in your communication with your ex partner. !  Lyns plainly put divorce tips.   Links and resources: Follow us on Instagram: https://www.instagram.com/thedivorcecourse Join us on Facebook https://www.facebook.com/thedivorcecoursepodcast 1800RESPECT 1800 737 732 Lifeline 13 11 14 Mensline Australia 1300 789 978 Kids Help Line 1800 551 800 Aboriginal Family Domestic Violence Hotline 1800 019 123 Make sure you hit SUBSCRIBE so you don’t miss out on the next steps and guide to your divorce or de facto separation coming soon.  And, if you’ve found this episode helpful, please leave a rating and a review. Thank you. 

🎧 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 https://open.spotify.com/episode/6oZAEkj18NEcUfJPXP0FOT?si=9rZ-jNzwQfSYl0naMgUMnA Section 60cc Best Interests of the Children https://classic.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s60cc.html   Mediation or Manipulation https://open.spotify.com/episode/4P1DjaMtXTq2sbel4qywew?si=ao8KrQ4PTZuusYrkmMZGUw ⚠️ 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.

🎧 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 http://classic.austlii.edu.au/au/cases/cth/FamCA/1982/73.html Factor 79(5)f https://classic.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s79.html How to Prove Separation Under One Roof https://open.spotify.com/episode/2IXSOZ8vVadbcrq10DuxG0 Who Pays the Mortgage After Separation? https://open.spotify.com/episode/4wPpEArmCbxKGXL5Czgm48?si=R_ECqP68QHu8DpyoJK_23Q Separation Survival: Boundaries Under One Roof https://open.spotify.com/episode/57GwZsRSE1IO8WYfLuvMNH?si=jcHw01X7QiuWYIihmY1_jQ 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. 

🎧 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 : https://www.austlii.edu.au/au/journals/FedJSchol/2002/2.pdf The Purple Book https://domesticviolence.com.au/resources/the-purple-book/ Family Law Changes episode https://open.spotify.com/episode/4nPB5tKDwMC95G9IrFXGSq?si=SeyXIoDDRN-MJy4Q513WAQ Family Law Act Australia Definition of Family Violence https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s4ab.html Family Law Act Section 61DAB https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s61dab.html Safeguarding against unfair accusations in Family Court Custody Battles https://open.spotify.com/episode/2vgyr4S8LWECnqspEfrdij?si=-oZRAP06S7yTNGVxHyV4GQ Enrol now: The Divorce Course https://www.thedivorcecourse.com.au/enrol     🆘 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  

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? https://open.spotify.com/episode/4xP8mJmnjAgoEeTJaqOMKb?si=mBgqHpaaRuGkzVsNdZ4VJw Parenting communication tools: Our Family Wizard, Our Children Case & Article: ABC News – Exorbitant Costs of Family Court Matters https://www.abc.net.au/news/2025-08-27/financial-toll-of-sydney-registry-family-court-matters/105622908   Post Separation Abuse Playbook and what you can do about it part 1 https://open.spotify.com/episode/0frpHUd43xAsuifACUqIzL?si=4PFFP2lmSzKlrCbUfWQgNA   Dealing with Legal Abuse https://open.spotify.com/episode/1V23F0O5yhQt9NFLPOu6uJ?si=gml77SrURsK1LGpA5MhzHw Protecting yourself from a narc ex in family court https://open.spotify.com/episode/0JyfH5fCoqrUoxeDj6jCtu?si=8ZmxK28ySQa5_SUY5ywkPg https://www.ourchildren.com.au/ https://www.ourfamilywizard.com.au/ Age Appropriate Parenting Plans https://open.spotify.com/episode/6MxzxwItfa1K8p9Rrnu3ON?si=Nss69o81SVK7GCpjEGcmPQ Legal Fees & Saving Strategies https://open.spotify.com/episode/4sIiqb89evbERnRlWfGR9v?si=9PZDyWazS7uPOjG9aLmWJQ Enrol now: The Divorce Course https://www.thedivorcecourse.com.au/enrol 🆘 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  

🎧 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: thedivorcecourse.com.au    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)

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 https://open.spotify.com/episode/6Ci0M4DqznBf1L1kcZM3vY?si=Bxeequf0R3G2LNjMWGwiSw   Divorce Survival: when you feel like giving up https://open.spotify.com/episode/77KUxaiDS3dKQJl9ly5QtA?si=LMmJ7f0sRXqW5sFWJCb7Tg   12 agreements creating your own parenting plan https://open.spotify.com/episode/6j325rOj96QvV8spPnYsX5?si=J2zhKMgqRrGgKjsh1UbicA   📌 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.

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 https://open.spotify.com/episode/4f4ArIZ83EX2faBqvf4jZs?si=WQJlsOw5RAWIOGQ1PYEMCA BATNA in Divorce https://open.spotify.com/episode/32goMT4kUIbZlS4NBSAvQu?si=NGX19wQ0RCCFMzvBiSXLTA When your mediation goes wrong what to do next? https://open.spotify.com/episode/32goMT4kUIbZlS4NBSAvQu?si=NGX19wQ0RCCFMzvBiSXLTA 10 essential boundaries for divorce https://open.spotify.com/episode/0ecDTxw4rTc3zXBkcjuYpA?si=Ym0pV1ThQxWwDFH3SldYkg  📌 Legal Disclaimer: This is a general discussion and not legal advice. Please see a qualified lawyer for advice specific to your situation.  

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 thedivorcecourse.com.au. Episodes Mentioned Master your negotiations Iron Fist in a velvet glove https://open.spotify.com/episode/7D54dfjnCBW6pfkxnbgW2f?si=il_ZZ384T2KgbzQFmzB61g   Can you really mediate with a narcissist?  https://open.spotify.com/episode/3Vjl0I9xXUQruoAQKLVh11?si=bFaYC3hyQjyCL67k0ZW2uQ Financial Fairness: Spousal Maintenance and Child Support https://open.spotify.com/episode/3S73M140m759WcOrrKms2k?si=Fz4UCZkIQmiyfcfVJ4CxBg   Disclosure the what where why how https://open.spotify.com/episode/07olqt4NN0MQQ0Y5KiHkP2?si=kRpLYf9YRF6FCAtYAzU7Bg Overcoming Disclosure Dilemmas https://open.spotify.com/episode/0uOO8dKYV4NWlCfyu8FZEh?si=MsizEEDsS3y9z7CbXeCgrQ When your mediation goes wrong and what to do next https://open.spotify.com/episode/4WQhunLQVtWn02k5FT7Mpv?si=A70GJh9pQDSfKn6OEz7VPQ 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  

 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)