What your Lawyer Might Forget to Tell You: Unlocking Funds Before Divorce PROPERTY SETTLEMENT is Final
Feeling trapped in limbo while waiting for your property settlement to go through? You’re not alone — and there may be a way out. In this episode, I’m joined again by my mum, Lynette Galvin — a family lawyer with over 35 years of experience — and we’re talking about a powerful but underused legal option called early distribution of funds. This is a game-changer for anyone financially stuck during separation. Whether you’re separated under one roof, struggling to pay rent, or locked out of joint funds, this episode is full of practical ideas to help you understand some options. We’ll walk through how it works, who it can help, how to ask for it, and what to do if you’re facing financial abuse or coercive control. If even one person hears this and realizes they can ask for access to their own money — then this episode has done its job. Legal Disclaimer: This is not legal advice please see a lawyer before making any decisions. ⚠️ Trigger Warning: This episode discusses financial abuse and coercive control. If you find this triggering, please contact Lifeline on 13 11 14 or 1800RESPECT. 🎧 Listen to this episode if… You’ve separated from your partner but are still waiting for the property to be divided You’re struggling financially and wondering if you can access money now You’re living under the same roof as your ex and things are tense or unsafe You’ve heard “you just have to wait” from a lawyer or friend You’re dealing with financial abuse or coercive control You want to understand your rights and feel more empowered in the process You’re looking for a way to shift the balance in negotiations or court ⏱️ Episode Timeline 0:00 - A warm welcome and why this episode matters if you’re stuck during property settlement 2:00 - What is early distribution of funds, and why more people should know about it 4:00 - Who qualifies? Scenarios from both wealthy and struggling couples 5:45 - Why financial abuse and coercive control may be stopping you from accessing your money 8:00 - The new definition of family violence and how it can work in your favour 10:30 - How to structure your request so it’s fair and has a better chance of success 12:45 - The mindset shift: realizing you’re entitled to ask 14:30 - What the courts consider when deciding to release funds early 16:30 - Step-by-step: how to apply and what documents you’ll need 19:45 - Going to court: what to expect, what to say, and how to prepare 23:30 - Common misconceptions and sneaky tactics to watch for 26:45 - Can superannuation be released early? (Spoiler: unlikely!) 28:00 - Risks of early distribution: What you need to know before you ask 29:30 - How releasing funds can shift power and break negotiation deadlock 31:45 - How to approach this with different ex-partner personality types in Divorce 36:00 - The quote Mum wants on a cushion: “If you don’t ask, you don’t get.” 🔗 Links & Resources 📘 Definition of Family Violence – Family Law Act (Section 4AB) 🧠 Free checklists and resources — mediation prep, disclosure, and more 🎧 Episode on Balancing the Unbalanced in family law negotiations https://open.spotify.com/episode/1YbIll7Ti69WGd9OpbmjDb?si=JlxhC1wBTkaOILAIVYdYaw 🎧 Episode on Response to Initiating Application (for court document guidance) https://open.spotify.com/episode/2JV5mcqDB7Wu6lEAFVO2w1?si=-VMYcvlpSSqxn-RrDeJgCg Definition of Family Violence https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s4ab.html 📝 Closing Thoughts This episode is your reminder that you have options — and you don’t have to wait until the final property settlement to start rebuilding your life. If you’re in a tough spot financially, please talk to your lawyer about an early distribution. And if they say no, ask why. You deserve to feel safe and supported through this process. If you found this episode helpful, we’d be so grateful if you could rate, follow, and share the podcast. You never know who else out there might need this information right now. 💛
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