The Divorce Course Podcast

• Mediation Made Easier: 5 Things to Prepare So You Don’t Freeze, Fold, or Fail

  🎧 Listen to this episode if… 💬 You’ve got mediation coming up and don’t know where to start. 😰 You’re feeling stressed or unprepared to face your ex about custody or property. 📑 You want to know what to bring and how to prepare your documents. ⚖️ You need tips for negotiating calmly and confidently. 🚩 You’re dealing with a high-conflict or manipulative ex. 💸 You want to avoid costly mistakes and stay out of family court. 🧠 You just want to feel ready and in control on the day. ⚠️ 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. You’re about to head into mediation and the very thought of it makes your palms sweat. Maybe someone just mentioned “mediation” and now you’re spiraling — wondering what to say, what to bring, and how to keep calm. This episode is for you if you want to feel confident, organised, and prepared (instead of panicked) before you sit down at that mediation table. Mum ( a family lawyer with over 35 years experience) and I walk you through the Top 5 things you need to do before mediation — practical, emotional, and strategic prep that will make a huge difference on the day. These aren’t just lawyer tips — they’re the real-world insights we’ve seen help countless people get through mediation feeling calmer, clearer, and more in control. We’ll talk about what to do if your ex is high-conflict, avoidant, manipulative, or genuinely amicable; how to prepare your documents and disclosure; and why it’s so important to have a plan for both success and failure. Plus, we touch on how to handle mediation safely if there’s been family violence Free Disclosure Checklist https://www.thedivorcecourse.com.au/disclosurechecklist ⏱️ Episode Timeline – Mediation Preparation Tips 00:00 – What Is Mediation in Family Law? A clear introduction to how mediation works in divorce and separation cases. 01:24 – Meet the Hosts: Family Law and Divorce Experts Get to know your guides as they break down practical mediation strategies. 01:44 – Listener Stories and Divorce Mediation Experiences Real listener insights and why mediation can be both powerful and stressful. 03:18 – Understanding the Mediation Process in Divorce What happens during family law mediation — and how to get the best outcome. 05:17 – How to Prepare for Mediation: Know What You Want (and Don’t Want) Tips for identifying your priorities before stepping into the room. 14:27 – Creating Your Divorce Negotiation Plan Learn how to build a negotiation strategy based on your goals and your ex’s personality type. 23:06 – What Documents to Bring to Mediation Essential paperwork and evidence to prepare for property or parenting mediation. 24:09 – Court-Ordered Mediation and Section 60I Certificates Explained What happens if mediation is required before going to court. 27:24 – How to Write a Confidential Case Outline for Mediation Preparing your case outline to stay focused and calm. 28:28 – Preparing for Financial Disclosure in Mediation How to gather, label, and present financial documents effectively. 33:30 – Planning for Mediation Outcomes (Success or Failure) What to do if mediation works — or doesn’t. 41:59 – Mediation and Family Violence: How to Stay Safe When to use shuttle mediation, safety plans, or legal support. 45:13 – The Top 5 Tips to Prepare for Family Law Mediation Our biggest takeaways to help you walk in calm and confident. 48:41 – Final Thoughts, Resources, and Next Steps How to keep moving forward after mediation — whatever the outcome.   Resources Central Practice Directions https://www.fcfcoa.gov.au/fl/pd/fam-cpd Free Disclosure Checklist https://www.thedivorcecourse.com.au/disclosurechecklist Episode Links MEDIATION OR MANIPULATION https://open.spotify.com/episode/4P1DjaMtXTq2sbel4qywew?si=t8swCVk2SoG6xaqE9I-D9Q   Can you really mediate with a narcissist https://open.spotify.com/episode/3Vjl0I9xXUQruoAQKLVh11?si=MlD8Ku1FS02PjjLjjnlokw   Do you need a lawyer for mediation? https://open.spotify.com/episode/37Zn59zn6sVlBIU0kePY7K?si=8Ih-0c5cRLuCKOPbzVVrqw   When Mediation goes wrong and what you can do next https://open.spotify.com/episode/4WQhunLQVtWn02k5FT7Mpv?si=h9rJo77PR3qG7_YV9obAuQ   What happens after mediation - what if you change your mind https://open.spotify.com/episode/00kTon70LllVE97X8zn9vK?si=EmjV30k1SQWp7IcqX9Yz4Q   🚨 Support Services: 1800 RESPECT (Family Violence Support – Australia) Lifeline: 13 11 14 (Crisis Support – Australia) ⚠️ 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.  

  --------  

  49:42

  --------

  49:42
• Percentages in Divorce Property Settlements Explained

  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 Section 79 of the Family Law Act 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 Super Split Myths https://open.spotify.com/episode/3JfL6ph18XP3ZI78UGWwqV?si=Y8m2eXJTQO-mGlY7rJSOjA The pitfalls of percentage negotiations https://open.spotify.com/episode/6bxTgrdymCeW16Q7z5njUe?si=CvJts4NJQTCym7aVljaprw Divorce Decisions : Settling vs Court 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  

  --------  

  47:32

  --------

  47:32
• The Hidden Connection: Custody Battles & Property Splits in Divorce

  🎧 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.

  --------  

  46:26

  --------

  46:26
• Stuck Under One Roof After Break Up or Divorce: What Are The Options?

  🎧 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. 

  --------  

  49:07

  --------

  49:07
• Custody & the Primary Carer: How to Protect Yourself & Your Kids In FAMILY LAW

  🎧 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  

  --------  

  44:20

  --------

  44:20

More Education podcasts

Trending Education podcasts

About The Divorce Course Podcast