The Divorce Course Podcast

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) https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC1A/2025/150.html [https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC1A/2025/150.html] * Section 79 of the Family Law Act https://classic.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s79.html [https://classic.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s79.html] 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 https://open.spotify.com/episode/0wKQog5jOCTqcCT0QowM2H?si=eoHt8lGRR2ualABIbxn4yw [https://open.spotify.com/episode/0wKQog5jOCTqcCT0QowM2H?si=eoHt8lGRR2ualABIbxn4yw] * Super Split Myths https://open.spotify.com/episode/3JfL6ph18XP3ZI78UGWwqV?si=Y8m2eXJTQO-mGlY7rJSOjA [https://open.spotify.com/episode/3JfL6ph18XP3ZI78UGWwqV?si=Y8m2eXJTQO-mGlY7rJSOjA] * The pitfalls of percentage negotiations https://open.spotify.com/episode/6bxTgrdymCeW16Q7z5njUe?si=CvJts4NJQTCym7aVljaprw [https://open.spotify.com/episode/6bxTgrdymCeW16Q7z5njUe?si=CvJts4NJQTCym7aVljaprw] * Divorce Decisions : Settling vs Court https://open.spotify.com/episode/5CzRfpKm6WjRhMecZqGZPy?si=Fl-B4jxfSeinxcgSDBI_kg [https://open.spotify.com/episode/5CzRfpKm6WjRhMecZqGZPy?si=Fl-B4jxfSeinxcgSDBI_kg] 🔑 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

🎧 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 [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 [https://classic.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s60cc.html]   * Mediation or Manipulation https://open.spotify.com/episode/4P1DjaMtXTq2sbel4qywew?si=ao8KrQ4PTZuusYrkmMZGUw [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 [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 [https://open.spotify.com/episode/2IXSOZ8vVadbcrq10DuxG0] * Who Pays the Mortgage After Separation? https://open.spotify.com/episode/4wPpEArmCbxKGXL5Czgm48?si=R_ECqP68QHu8DpyoJK_23Q [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 [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 [https://www.austlii.edu.au/au/journals/FedJSchol/2002/2.pdf] * The Purple Book https://domesticviolence.com.au/resources/the-purple-book/ [https://domesticviolence.com.au/resources/the-purple-book/] * Family Law Changes episode https://open.spotify.com/episode/4nPB5tKDwMC95G9IrFXGSq?si=SeyXIoDDRN-MJy4Q513WAQ [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 [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 [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 [https://open.spotify.com/episode/2vgyr4S8LWECnqspEfrdij?si=-oZRAP06S7yTNGVxHyV4GQ] * Enrol now: The Divorce Course https://www.thedivorcecourse.com.au/enrol [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 [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 [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 [https://open.spotify.com/episode/0frpHUd43xAsuifACUqIzL?si=4PFFP2lmSzKlrCbUfWQgNA]   * Dealing with Legal Abuse https://open.spotify.com/episode/1V23F0O5yhQt9NFLPOu6uJ?si=gml77SrURsK1LGpA5MhzHw [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://open.spotify.com/episode/0JyfH5fCoqrUoxeDj6jCtu?si=8ZmxK28ySQa5_SUY5ywkPg] * https://www.ourchildren.com.au/ [https://www.ourchildren.com.au/] * https://www.ourfamilywizard.com.au/ [https://www.ourfamilywizard.com.au/] * Age Appropriate Parenting Plans https://open.spotify.com/episode/6MxzxwItfa1K8p9Rrnu3ON?si=Nss69o81SVK7GCpjEGcmPQ [https://open.spotify.com/episode/6MxzxwItfa1K8p9Rrnu3ON?si=Nss69o81SVK7GCpjEGcmPQ] * Legal Fees & Saving Strategies https://open.spotify.com/episode/4sIiqb89evbERnRlWfGR9v?si=9PZDyWazS7uPOjG9aLmWJQ [https://open.spotify.com/episode/4sIiqb89evbERnRlWfGR9v?si=9PZDyWazS7uPOjG9aLmWJQ] * Enrol now: The Divorce Course https://www.thedivorcecourse.com.au/enrol [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