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The Divorce Course Podcast

Laura & Lyn
The Divorce Course Podcast
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  • 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 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  
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  • 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
     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 https://open.spotify.com/episode/0uOO8dKYV4NWlCfyu8FZEh?si=0Kzow_IlQrCa3rZR4NsD2Q   Disclosure: What, Where, Why & How  https://open.spotify.com/episode/07olqt4NN0MQQ0Y5KiHkP2?si=uiY_bycbSM-AYQtgEVC1HQ   Is your ex hiding assets: how to uncover the truth https://open.spotify.com/episode/4KbgLRFXB9r2rCz3vycZ98?si=be63VrPJSxmJlWhocW9q6w   DIY Disclosure & Discovery https://youtu.be/u0XLjFhiK1o?si=40AGeygbn9gE1a3p   When divorce isn’t the end dealing with Legal and Post Separation Abuse https://open.spotify.com/episode/1V23F0O5yhQt9NFLPOu6uJ?si=JRFokBRaT1ivH2FW2Z3mMQ 🆘 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
    🎧 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 https://open.spotify.com/episode/0r7udkSJm30looYILBiNIL?si=_wp6ONRhRHGlwH9gKJvuMQ   Is it family violence https://open.spotify.com/episode/5cflNozwnWTSfqAQTjMspg?si=2Xe3F0KXTzeETCQhZ74wIw   Your child's school and divorce https://open.spotify.com/episode/4u5SkU2R2DY0U1uyQfi7Cs?si=a5q_r3tgRs2I00S48OZXtA   Narcissistic Ex tells lies in Court, Mediation etc Seven Tips https://open.spotify.com/episode/5SdkXhj3vC2tfO3gDdkM6y?si=SYFT9JQ-Qziug0agbertog   Is your ex telling lies in the Family Court  https://open.spotify.com/episode/2OpAGxXfx78iAO81TMPPxJ?si=_GAl64-WQtiks2pb6Tlh8g   DARVO: 8 ways to protect yourself in court  https://open.spotify.com/episode/0JyfH5fCoqrUoxeDj6jCtu?si=a45z9W2WRe-yRCAy10bIRw   10 essential boundaries for a healthier divorce https://open.spotify.com/episode/0ecDTxw4rTc3zXBkcjuYpA?si=7uT3sL5EQySxdUttlMk0Kg   Navigating Parental Trash Talking  https://open.spotify.com/episode/7bxqn5I6B1HCzO9r0zKnxY?si=qjg7VTrDQw-FBu0IJOJUcQ     🆘 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
    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 https://open.spotify.com/episode/4qiOSiGK9yOrt0lEdqCudQ?si=l_8Iu5hoSZmxw2mvkajU_A   Costs & Calderbank Offers https://open.spotify.com/episode/2B2Se7hTIBAOg5f5YJ5wqE?si=7xSMeQdYQRePtZ6kHWbnfw   Divorce Deals 101 https://open.spotify.com/episode/0cjgFLg0SGCOx98WkyTnXg?si=-lt0fSQcR9qvs01P5j0_WA Ten Essential Boundaries for Divorce  https://open.spotify.com/episode/0ecDTxw4rTc3zXBkcjuYpA?si=PCrZb2qiRW617tOB4iJ--A   Community Legal Services and Legal Aid Episode https://open.spotify.com/episode/24RyAciJ6LAqMZpjUWXoJT?si=opezHO29QniWfu5lMUwowg   🆘 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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About The Divorce Course Podcast

This Mother and Daughter duo discuss and cover the legal stages and steps that you will face on your way to freedom through divorce. These are practical and real discussions with Lyn Galvin a family lawyer of 35 years experience and her daughter Laura a divorced mother of three. Laura helps turn her mother's lawyer jargon into something everyone will understand. Lyn shares all her tips and practical advice on separating. Through this podcast they aim to help you through your Australian divorce or de-facto separation to make it more cost effective and less stressful. instagram @thedivorcecourse
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