The Divorce Course Podcast

• Consent Order or BFA? & How to Make Sure Your Settlement Sticks

  Are you going through a divorce property settlement and unsure whether to choose a Consent Order or a Binding Financial Agreement (BFA)? In this episode, we break down what they are and the key differences between the two. We also discuss the pitfalls and risks to keep in mind when navigating this.  Listen to This Episode If You: ✅ Are going through a separation and need to divide property fairly. ❓ Want to know whether a Consent Order or a Financial Agreement is the better choice. 💰 Need to understand the costs involved in each option. ⚖️ Want to protect yourself from future financial claims. 📜 Want to know if consent orders or bfa’s can be contested in court 00:00 Introduction to Property Settlement 00:57 Understanding Consent Orders 01:32 Exploring Binding Financial Agreements (BFAs) 02:14 Comparing Consent Orders and BFAs 03:20 Legal Advice and Costs 05:28 Risks of Not Having Legal Agreements 12:41 Process of Getting Financial Agreements 15:33 Process of Getting Consent Orders 21:49 Common Pitfalls and How to Avoid Them 22:15 Understanding Consent Orders and Financial Agreements 22:46 The Risks of Non-Disclosure in Financial Agreements 25:44 Signing Under Pressure: What You Need to Know 27:55 The Importance of Proper Legal Advice 30:49 Challenging and Enforcing Settlements 35:49 Final Thoughts and Practical Advice 40:48 Conclusion and Legal Disclaimer 👉 If you found this episode helpful, don’t  Key Topics Discussed in This Episode: 🔹 Understanding Consent Orders What is a Consent Order, and how does it work? Why the Family Court reviews and approves these agreements. The benefits of having a legally binding, court-approved settlement. 🔹 What You Need to Know About Financial Agreements (BFAs) Why they are no longer called Binding Financial Agreements. How BFAs differ from Consent Orders and why they carry more risk. The legal costs and technicalities involved in creating a Financial Agreement. 🔹 Consent Orders vs. BFAs: Cost and Legal Requirements How much does a Consent Order cost vs. a BFA? Why BFAs require independent legal advice for both parties. Can you challenge or overturn these agreements in court? 🔹 Avoiding Common Pitfalls Why informal agreements leave you legally unprotected. The dangers of signing under pressure or coercion. What happens if your ex doesn’t comply with the agreement? 🔹 Finalizing Your Property Settlement A walkthrough for getting a Consent Order approved. When a BFA might be necessary and how to ensure it holds up in court. Questions to ask before signing any financial settlement.     Links & Resources Mentioned: 🔗 Free Resources & Guides: DIY Divorce Blueprint – Learn how to create your Consent Orders https://www.thedivorcecourse.com.au/enrol Legal Aid Resources https://www.legalaid.qld.gov.au/Home   🎙 Recommended Episodes: Do I Really Need a Consent Order? https://youtu.be/AJrX8ovEEY8?si=LOAfESvxibj_-VYz Protecting Yourself After Divorce: Financial & Legal Steps Spousal Maintenance: Am I Eligible? https://youtu.be/lafPlHTSWp0?si=aCXWrOmWyJqZN4Bc     Don’t forget to subscribe, leave a review, and share it with someone who might need it! Consent Orders or Binding Financial Agreements: How to Make Sure Your Settlement Sticks #FamilyLaw #DivorceSettlement #PropertySettlement #ConsentOrder #FinancialAgreement #BFAvsConsentOrder #LegalAdvice #Separation #DivorceSupport #FamilyCourt #Prenup #DivorceLaw #LegalTips #CoParenting #RelationshipBreakdown #CourtOrders  

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• Child Support Battles: What They Don’t Tell You & How to Fight Back

  Child Support Battles: What They Don’t Tell You & How to Fight Back Are you struggling with child support? Whether you’re battling a non-paying ex, dealing with inconsistent advice from child support agencies, or feeling overwhelmed by legal loopholes, you’re not alone. In this episode, Crystal Padooch, founder of Child Support Consultants, reveals the five critical things every parent should know about child support. With 14 years of experience, Crystal explains how the system really works, the common tactics some parents use to avoid paying, and what steps you can take to protect yourself and your children’s financial future. We also dive into the emotional side of child support, including the guilt many parents feel, the stress of dealing with financial abuse, and how to navigate the system without giving up. Disclaimer: This podcast provides general legal education and is not a substitute for independent legal advice. Always consult a qualified lawyer or child support consultant for guidance tailored to your situation. Listen to This Episode If You: ✅ Are struggling to get child support payments from your ex. ❓ Feel like you’re getting different answers from child support agencies and don’t know what to believe. 💡 Want to understand how child support assessments work and what your options are. 🛡 Are dealing with a financially abusive or manipulative ex who is trying to avoid paying. 📚 Need guidance on how to escalate complaints and fight back against unfair decisions. Key Topics Discussed in This Episode: 1️⃣ Understanding the Child Support Process The two main pathways: Child Support Agreements vs. Child Support Assessments How the child support formula works and what factors impact payments Why your ex’s reported income may not reflect their actual earnings 2️⃣ Dealing with Inconsistent Advice from Child Support Agencies Why different case officers give conflicting information The best way to escalate your case and get clear answers How to document calls and complaints to protect yourself 3️⃣ Let Go of Child Support Guilt Why seeking child support is NOT about you—it’s about your kids How child support ensures stability and financial security for your children Overcoming the stigma and online shaming around child support 4️⃣ How to Protect Yourself from Financial Abuse & Manipulation The common tactics used by coercive controllers and financial abusers What to do if your ex lowers their income or refuses to work to avoid payments Strategies to prove financial dishonesty and fight back 5️⃣ What to Do If Your Ex Refuses to Pay The enforcement actions child support agencies can take Why some loopholes allow people to dodge payments (and how they should be fixed!) Steps to take if you’re owed child support but not receiving anything Links & Resources Mentioned: 🔗 Child Support Consultants – Book a free clarity call with Crystal: https://childsupportconsultants.com.au/ 📚 Divorce Course Podcast – More episodes on navigating separation & co-parenting 📖 Government Child Support Information – https://www.servicesaustralia.gov.au/contact-child-support Emergency Contacts: 💜 Women’s Shelter Service: Call 1800 811 811 ⚖️ Legal Aid: [Visit Legal Aid Website] 📞 Lifeline (24/7 Crisis Support): Call 13 11 14 👨‍👦 Mensline Australia: Call 1300 789 978 for confidential support for men 👧 Kids Help Line: Call 1800 551 800 for young people needing help 🚨 National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732 🖤 Aboriginal Family Domestic Violence Hotline: Call 1800 019 123 00:00 Introduction and Guest Introduction 01:48 Understanding the Child Support Process 04:58 Dealing with Inconsistencies in Child Support Calls 10:13 Addressing Child Support Guilt 14:32 Avoiding Comparisons with Others' Stories 16:49 Handling Financially Abusive Ex-Partners 20:42 Navigating the Child Support Process 21:30 The Emotional Toll of Child Support Battles 21:57 Advocating for the Child's Best Interest 22:50 Legal Abuse and Court Involvement 23:09 DIY Divorce Blueprint 26:54 Challenges in Child Support Collection 29:26 System Loopholes and Legislative Issues 37:31 Support for Domestic Violence Victims 38:54 Final Thoughts and Contact Information   #ChildSupport #DivorceCoursePodcast #FamilyLaw #SingleParenting #CoParentingTips #FinancialAbuse #ChildSupportAwareness #ChildSupportHelp #DivorceSupport #CustodyBattle #CoParentingChallenges  #ParentalRights #KnowYourRights #LegalHelp  

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• Parental Alienation False Allegations: How Abusers Use It to Maintain Control 183

  False Allegations of Parental Alienation: How Abusers Use It to Maintain Control 183 Learn about how abusers use parental alienation allegations to deflect from their abusive behavior and maintain their power. Explore how accusations of parental alienation can be weaponized against the healthy parent to continue coercive control or abuse, often leaving the targeted parent in a difficult legal and emotional battle. Disclaimer: This podcast provides general legal education and is not a substitute for independent legal advice. Always consult a qualified lawyer for guidance tailored to your situation. Listen to This Episode If You:  🌟 Are facing false parental alienation claims in your divorce or custody case. ❓ Feel like your ex is using alienation accusations as a tactic to continue coercive control. 💡 Want to understand how to identify when alienation accusations are used to deflect from abusive behavior. 🛡 Are navigating a high-conflict separation and need tools to protect your relationship with your children. 📚 Need strategies to counter false accusations and focus on the best interests of your kids. Key Topics Discussed in This Episode: The Abuse Behind Parental Alienation Allegations How abusers use alienation claims to deflect attention from their coercive control or abusive tactics. The psychological and emotional impact on the healthy parent when accused of alienation. Understanding Coercive Control in Divorce and Custody Cases How coercive control continues even after separation through alienation accusations and using DARVO tactics. The power dynamics at play when one parent tries to isolate or manipulate the children from the safe or preferred parent. False Claims of Parental Alienation Why abusive partners may accuse the other parent of alienation to keep them under control. How these accusations undermine the healthy parent’s credibility and alienate them from their children. Protecting Yourself and Your Children How to document and respond to alienation accusations in a way that protects your relationship with your children. The importance of seeking legal support to defend against false alienation claims and protect your rights as a parent. The Impact of Alienation on Children How false parental alienation tactics affects children’s well-being and their relationship with the targeted parent. Strategies for ensuring your children have a healthy relationship safe parents. Links & Resources Mentioned: Free Resources: Parental Alienation Resource Word Salad Checklist Mediation Checklist Before You Go Checklist Recordings show psychologist's harmful conduct against family | ABC News https://youtu.be/WdyCOQtVPuk?si=kX4LaPR5eN5vxfaJ Re Andrew [1996] FamCA 43; (1996) FLC 92-692 http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCA/1996/43.html Recommended Episodes: Mind Over Manipulation: The Grey Rock Technique How to Read a Legal Letter Like a Lawyer Navigating Post-Separation Abuse - https://youtu.be/SUKUR65ARfs?si=YMbQLnCPQexRr3wv Court Conveyor Belt: What to Expect Navigating Trash Talking in Divorce: https://youtu.be/7FuiLHYXX2U?si=uD94wdFSHb6OucLm DARVO 8 Ways to Protect yourself During Divorce - https://youtu.be/pRMOfozwBKs?si=g-ODhmqLOKw3EqfR Why your Narc ex may want a parenting coordinator https://youtu.be/ZoOwuYb6sdk?si=gKUN3x_rTv4fTeSL Emergency Contacts: WOMEN'S SHELTER SERVICE: Call 1800 811 811 LEGAL AID: Visit Legal Aid Lifeline: Call 13 11 14 for 24/7 crisis support and counseling. Mensline Australia: Call 1300 789 978 for confidential support for men. Kids Help Line: Call 1800 551 800 for young people needing help. National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732 Aboriginal Family Domestic Violence Hotline: 1800 019 123 Final Thoughts: Parental alienation accusations are often used as a manipulative tactic by abusers to continue their coercive control after separation. Understanding the dynamics of false alienation tactics and taking proactive steps to protect yourself and your relationship with your children and protect yourself in court.  Stay focused on what’s best for your kids and make sure you have the legal support and strategies in place to counter false claims. Disclaimer: This podcast provides general legal education and is not a substitute for independent legal advice. Always consult a qualified lawyer for guidance tailored to your situation.    00:00 Introduction to Parental Alienation 01:16 Understanding the Alienation Industry 02:10 The Pipeline of Alienation Claims 08:14 Child Custody Gatekeeping and Accusations 17:21 The Role of Professionals in False Alienation Cases 21:17 Legal Strategies and Reunification  24:58 Financial Incentives for more abuse through Child Custody 25:23 New Child Custody Laws in the Family Court Of Australia 26:04 Coercive Control and Family Court 26:36 Choosing the Right Family Professionals for your Custody Battle 29:09 Family Therapy and Legal Implications in the Family Court 34:52 Documenting and Defending Against False Accusations of Alienation 42:56 Fighting Against Reunification Camps 44:42 Support and Resources for Parents  

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  44:58
• Official Property or Parenting Orders. Do You Really Need Them?

  Do you really need to formalize your property or parenting agreement when going through divorce or separation? What if you are amicable? Or you both just agree anyway. What's the point in having a formal order? What if you just don’t have any property and so you feel there isn’t any point in getting official property orders. What if you are worried if you push for property or parenting orders it will make your ex more angry? What if you are terrified of going to court? In this episode,we break down the most common reasons we hear people telling us why they don’t want to get official formal orders and explain the considerations these people may need to make. Whether you're amicable, high conflict, or dealing with a narcissistic or avoidant ex or  feeling overwhelmed, or unsure about the legal process, this episode clears up some common myths and confusion and equips you with the knowledge to help you make informed decisions for your future. From financial security to protecting your children's stability. Disclaimer: This podcast provides general education and is not a substitute for independent legal advice. Always consult a qualified lawyer for guidance tailored to your situation.   Listen to This Episode If You: 🏠 Are considering whether to formalize your property or parenting arrangements. 💡 Want to understand the benefits of formal orders for financial security and children's stability. 📚What to know the difference between a parenting plan and a consent order ❓ Are unsure about the process of consent orders and whether lawyers need to be involved. 🛡 Feel hesitant about escalating conflict or upsetting your ex by pursuing formal orders. 📚 Need reassurance about the steps involved in protecting your legal rights post-separation.   Disclaimer: This podcast provides general legal education and is not a substitute for independent legal advice. Always consult a qualified lawyer for guidance tailored to your situation.   Key Topics Discussed in This Episode: What Are Property and Parenting Orders? Differences between informal agreements, parenting plans, and formal court orders. Are Formalizing agreements with consent orders crucial? Common Objections to Formal Orders: "We’ve already agreed; we don’t need anything formal." "It’s too expensive and time-consuming." "We’re amicable, so we’ll stick to our agreement." "I don’t want to escalate conflict or upset my ex." “I don’t want to go to court” Laura and Lyn address each objection and provide solutions. Risks of Avoiding Formal Orders: Examples of real-life cases, including the Farmer and Bramley case, where not finalizing property arrangements had disastrous consequences. How changes in circumstances (e.g., new partners, financial issues) can complicate informal agreements. The Role of Consent Orders: How consent orders work and why they don’t require going to court. The importance of having a clear, enforceable agreement for both property and parenting. Long-Term Benefits of Formal Orders: Financial protection against future claims. Reduced conflict through clear boundaries and responsibilities. Peace of mind knowing you’ve protected yourself and your family. 00:00 Introduction to Property and Parenting Orders 01:26 Understanding Parenting and Property Orders 03:22 The Importance of Formal Orders 09:19 Addressing Common Objections to getting official court orders in Divorce 18:34 Handling Conflict and Safety Concerns during divorce 23:34 Avoiding Court and Legal Advice during divorce 23:49 Understanding Consent Orders for your divorce 24:05 The Role of the Registrar in the Family Court of Australia 24:54 Avoiding Court Appearances during Divorce 25:06 Financial Agreements and Fairness in your property settlement 25:38 Parenting Plans and Children's Matters during your divorce 26:08 The Importance of Formal Orders in Family Law and Divorce 28:16 Dealing with Property and Financial Settlements in your Divorce 28:21 Family Lawyer Australia Webinar Invitation 28:53 Addressing Common Concerns during your divorce negotiations 32:42 The Risks of Delaying Formal Orders in your divorce 36:39 Legal Tips and Avoiding Pitfalls in your Divorce negotiations 43:28 Encouragement and Final Thoughts for going through divorce negotiations 47:14 Listener Reviews and Closing Remarks   #DivorceHelp #PropertySettlement #ParentingOrders #DivorceSupport #SeparationEducation #FamilyLaw #HelpForDivorce #CoParentingTips #DivorceJourney #FinancialAbuseAwareness #DivorcePlanning #ProtectYourAssets #ParentingAfterDivorce #DivorceAndProperty #SeparationTips   Links & Resources Mentioned in the Episode: Related Episodes: When Amicable Goes Wrong https://youtu.be/-qpS1hsxJ0s?si=FuwXba5pdSABjxS_ Documenting Coercive Control https://youtu.be/SIyXCGXH5nw?si=tLl7zfkObmykhV4U Weapons of Tax Destruction with Pedro Marin https://youtu.be/tsDlMphLRWk?si=YNlQI1wa9PE28XoP Divorce Limbo https://youtu.be/RLEmGeZRvb0?si=uYlV1kfK2CdEjmqB How to Create Parenting Plans and Orders https://youtu.be/-DC72tq8FRM?si=LiFqoWZFNImMFA9v Free Resources: Checklist for Before You Leave https://www.thedivorcecourse.com.au/opt-in Word Salad Checklist https://www.thedivorcecourse.com.au/wordsaladchecklist Legal Cases Mentioned: Farmer and Bramley Woodland and Todd 2005       Emergency Contacts: WOMEN'S SHELTER SERVICE: Call 1800 811 811 LEGAL AID: Visit Legal Aid Lifeline: Call 13 11 14 for 24/7 crisis support and counseling. Mensline Australia: Call 1300 789 978 for confidential support for men. Kids Help Line: Call 1800 551 800 for young people needing help. National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732 Aboriginal Family Domestic Violence Hotline: 1800 019 123 DV Connect Women’s Line: 1800 811 811 National DV Hotline (1800 RESPECT): 1800 737 732 Disclaimer: This podcast provides general legal education and is not a substitute for independent legal advice. Always consult a qualified lawyer for guidance tailored to your situation.  

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  48:47
• Separation Survival: 9 Tips for Navigating Shared Living Arrangements

  In this episode we discuss the emotional, legal, and logistical hurdles of coexisting with your ex-partner whilst waiting for property settlement. We share practical strategies for setting boundaries, sorting money, protecting your safety, and planning for the next steps in your separation. Whether you’re navigating this situation temporarily or for the foreseeable future, this episode provides actionable insights to help you survive—and hopefully also thrive.  Disclaimer: This podcast provides general legal education and is not a substitute for independent legal advice. Always consult a qualified lawyer for guidance tailored to your situation. Listen to This Episode If You: 🏠 Are living with your ex-partner post-separation. ❓ Need guidance on setting emotional and physical boundaries in the shared space. 💡 Want tips on co-parenting and managing household finances in the short term. 🛡 Are worried about coercive control or financial abuse. 📚 Are preparing for the next steps in your separation or divorce journey.     Key Topics Discussed in This Episode: Setting Boundaries: How to create physical and emotional space in a shared home. Tips for minimizing conflict and maintaining privacy. Legal Considerations: Can your ex legally force you out of the home? When family violence orders may apply and what to do if you feel unsafe. Communication Strategies: Managing discussions to avoid unnecessary conflict. Protecting yourself by communicating like a judge is watching. Financial Management: Dividing household expenses fairly and preparing for financial independence. Understanding spousal maintenance and consent orders during separation. Co-Parenting While Living Together: Creating a parenting schedule to avoid misunderstandings. Protecting your time with your kids from manipulative behaviors. Emotional and Practical Self-Care: Building routines to maintain mental well-being. Seeking support from friends, professionals, or community groups. Preparing for the Next Steps: Documenting assets and financial information. Consulting a lawyer  a safety plan for the future. Safety Considerations: Recognizing signs of coercive control and financial abuse. Creating and implementing a safety plan if the situation becomes unsafe.     Links & Resources Mentioned: Separation Under One Roof Do’s and Don’ts Does Family Violence Affect Property Settlement? Episode: Income, Expenses, and Property Settlement Tips Mortgages and Divorce Episode: Recognizing Coercive Control in Relationships     Free Resources: Checklist for Before You Leave - www.thedivorcecourse.com.au  Word Salad Checklist     Emergency Contacts: WOMEN'S SHELTER SERVICE: Call 1800 811 811 LEGAL AID: Visit Legal Aid Lifeline: Call 13 11 14 for 24/7 crisis support and counseling. Mensline Australia: Call 1300 789 978 for confidential support for men. Kids Help Line: Call 1800 551 800 for young people needing help. National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732 Aboriginal Family Domestic Violence Hotline: 1800 019 123 DV Connect Women’s Line: 1800 811 811 National DV Hotline (1800 RESPECT): 1800 737 732   00:00 Introduction and Episode Overview 00:43 Legal Disclaimer and Jingle 01:44 Living Under One Roof: Challenges and Boundaries 03:32 Physical and Emotional Safety in Divorce 05:33 Communication and Legal Precautions during separation 07:39 Financial Manipulation and Consent Orders in Divorce 09:35 Spousal Maintenance and Financial Independence after separation 16:05 Co-Parenting Strategies during separation 19:26 Managing Finances During Separation 26:16 Navigating Separation Under One Roof 26:41 Handling Financial Responsibilities during divorce 28:04 Dealing with Conflict and Court Warnings in Divorce 33:42 Prioritizing Self-Care and New Routines during divorce 36:05 Preparing for Property Settlement and Children's Matters  42:43 Safety Considerations and Creating a Safety Plan for Divorce 47:56 Final Thoughts and Encouragement Final Thoughts: This episode offers both practical and emotional tips for anyone facing the challenge of living under one roof with their ex. Learn how to set boundaries, protect yourself, and plan for your future. You’re not alone—help and support are available to guide you through this difficult time. Disclaimer: This podcast provides general legal education and is not a substitute for independent legal advice. Always consult a qualified lawyer for guidance tailored to your situation.  

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  51:46

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