The Divorce Course Podcast

Are you struggling with understanding parental responsibility after a divorce or separation? Need strategies for handling parenting disagreements about major or minor decisions for your children? In Australia, who makes decisions for the children before there is a parenting plan or court order? What happens if you and your ex can't agree on a school, medical, or other major issue?

In this episode, Laura and an Australian Family Law Specialist Lynette break down the complexities of these often-confusing topics.

They discuss what parental responsibility entails, how recent changes in the family law impact it, and what it means for parents trying to make decisions for their children.

Whether you're dealing with a high-conflict ex or just trying to navigate the legal jargon, this episode offers essential insights and practical advice to help you understand and manage parental responsibility effectively.

Please note that this podcast provides general education only and is not legal advice. Always seek independent legal advice, as every situation is different.

🌟 Want to understand the concept of parental responsibility and how it impacts your legal rights as a parent.

❓ Are confused about the difference between joint, sole, and equal shared parental responsibility.

💡 Seek clarity on how recent family law act legal changes affect parental decision-making.

🛡 Are dealing with a manipulative, controlling, or high-conflict or narcissistic type co-parent.

📚 Need strategies for handling disagreements about major decisions for your children.

📝 Want to learn how to navigate court orders and legal terminology related to parenting.

• Definition and Importance of Parental Responsibility: What it is and why it matters in the eyes of the court.
• Changes in Legislation: How the new laws in the Family Law Act of Australia as of May 2024 impact parental responsibility.
• Joint vs. Sole Parental Responsibility: Understanding the differences and implications.
• Decision-Making: Which parent makes decisions about major long-term issues versus day-to-day matters.
• Court Orders and Parental Responsibility: How to handle existing orders and apply for new ones.
• Section 61DAB: Understanding the provision that outlines day-to-day decision-making without the need for consultation on minor issues.
• Real-Life Examples: Cases of disputes over education, medical decisions, and other critical areas.
• Co-Parenting Challenges: Tips for dealing with uncooperative or high-conflict ex-partners.
• Post-Separation Abuse: Recognizing and addressing coercive control in parenting situations.
• For Full Show Notes & downloadable checklist for witness box tips, go to www.thedivorcecourse.com.au/blog
• For more support, visit www.thedivorcecourse.com.au

• Episodes to Help with Communication Boundaries:
• Bombarded with Legal Letters
• Do I Really Need to Respond to That?
• How to Respond to a Word Salad Letter
• Episodes on Managing Emotions and Self-Affirmation:
• Things the Court Doesn't Care About
• Disclosure Episode
• Red Flags Lawyers
• How to Choose and Use Your Lawyer
• Parenting Apps for Communication:
• Our Children CoParenting Platform
• My Family Wizard

Section 61DAB of the Family Law Act

Facing the journey from separation to settlement can feel overwhelming and uncertain, but you’re not alone. In this episode, Laura and Lynette take you through the seven essential stages of the divorce process, from making the initial decision to separate, all the way to moving forward after your settlement. They share practical tips, emotional insights, and legal education to help you make empowered choices at every step. Whether you're at the beginning of this journey or somewhere in the middle, this episode offers a roadmap to guide you through.

Listen to This Episode If You:

• 🌟 Are just starting your divorce journey and don’t know what comes next.
• ❓ Need help understanding the steps from separation to settlement.
• 💡 Want tips on managing property settlements, parenting plans, and legal agreements.
• 🛡 Are facing challenges with a high-conflict or manipulative ex.
• 📚 Want to learn how to move forward emotionally and financially after the settlement is done.

1. Deciding to Separate: Understanding the importance of making the decision and how to document it for legal purposes.
2. Living Under One Roof: Strategies for managing separation when you’re still sharing a home due to financial or housing constraints.
3. Understanding Your Legal Rights: Why seeking legal education or advice early is critical to protect yourself.
4. Property and Financial Settlements: The steps involved in dividing assets, debts, and managing disclosure obligations.
5. Parenting Plans and Agreements: How to create effective parenting arrangements that prioritise the best interests of your children.
6. Finalising Legal Documents: What you need to know about consent orders, mediation, and navigating the court system if necessary.
7. Moving Forward After Divorce: Tips for reclaiming your independence, managing finances, and building a new life.

RESOURCES

• Course Enrolment:
• Join our Divorce Blueprint Course www.thedivorcecourse.com.au/enrol before the deadline to get personalised guidance, legal education, and emotional support from Laura and Lynette. Platinum spots are limited—sign up now to secure your place.

• LEGAL AID https://www.legalaid.qld.gov.au/
• Lifeline: 13 11 14
• Kids Help Line: 1800 551 800
• Aboriginal Family Domestic Violence Hotline: 1800 019 123
• Relationships Australia 1300 364 277
• Police: 000
• DVConnect Womensline: 1800 811 811 (24 hours, 7 days a week)
• DV Connect Mensline: 1800 600 636
• National DV line: 1800 737 732 (1800 RESPECT)
• Mensline Australia: 1300 789 978

Thank you for tuning in to this episode. We hope it gives you clarity and confidence to take the next steps in your journey. Don’t forget to check out our course for step-by-step guidance and support through every stage of your divorce. If you found this episode helpful, please rate, review, and subscribe. Stay strong, and remember—you’ve got this.

Disclaimer: This podcast episode provides general legal education for Australians and is not a substitute for legal advice. Every situation is unique, and it’s important to seek independent legal advice tailored to your circumstances.

00:00 Introduction to the 7 Steps from Separation to Settlement

01:34 How to Make the Decision to Separate

03:36 Can you Be Separated Under One Roof in Divorce

06:51 How to find out Your Legal Rights and Obligations in Divorce

10:46 How to Divide Assets, Property, and Debt in Divorce

14:44 How to Create Parenting Plans and Arrangements

19:24 How to Navigate Legal Paperwork and Mediation in Divorce

20:57 How to learn about Divorce Applications and Time Limits

22:35 How to avoid the Emotional Rollercoaster of Divorce

23:48 How to get Empowerment Through Knowledge and Support in Divorce

27:28 How to Move Forward After Divorce

33:29 How to Join Our Supportive Divorce Community

When going through a divorce or de facto separation, one of the biggest questions you’ll face is: Should I settle, or should I go to court? In this episode, we take an in depth look into the reasons why people choose to settle and why others decide to hold out for court. We discuss the risks, costs, and personal factors that play into this decision, while also highlighting potential pitfalls and traps that could influence you to settle too early or too late. Whether you’re in the early stages of property settlement or nearing mediation, this episode will help you think critically about your own situation.

• 🌟 Wish you could speak to others about their decisions to settle or go to court.
• ❓ Want to understand the risks and costs involved in going to court versus settling.
• 💡 Need insights on how to others have avoided settling for a bad offers or been pressured into an agreements.
• 🛡 Are navigating a high-conflict divorce and worried about making the right financial decisions and want to listen to what others have done in the past.
• 📚 Want to better understand how lawyers play a role in helping you decide when to settle.

• Reasons to Settle: When taking your lawyer’s advice, financial risks, and emotional well-being make settling the best option.
• Risks of Going to Court: The potential for additional costs, including paying for your ex’s legal fees, and how this can impact your decision.
• Understanding Costs: How court costs and lawyer fees add up, and why it’s crucial to factor in these expenses when making your decision.
• Section 117 Offers: What they are, how they work, and why you should think carefully before rejecting a reasonable offer.
• Emotional Factors: How guilt, pressure, or anger can cloud judgement and lead to poor settlement decisions.
• Disclosure Issues: Why it’s essential to have financial disclosure before settling and how to handle situations where your ex isn't sharing all the information.
• Post-Separation Abuse: How ongoing manipulation and control can affect your or their decision to settle, and strategies to protect yourself from further harm.

• Related Episodes:
• Understanding Legal Costs and Risks COSTS & CALDERBANK OFFERS

https://www.thedivorcecourse.com.au/blog/costscourtcalderbankoffer

• Divorce Myths

https://open.spotify.com/episode/33mBdotbKK4yLH586ZaWko?si=czer_l9VRIOVWxWxGSiJjg

• The Premature Pitfalls of Percentage Negotiations

​​https://open.spotify.com/episode/6bxTgrdymCeW16Q7z5njUe?si=UPG5F5vtSNuHWCKwWWg32g

Choosing your lawyer

https://open.spotify.com/episode/0XQOMoxqaSpf5YrxTc50eR?si=KUq4BzFPQaeIndch9p-3QA

Red Flags when choosing a lawyer

https://open.spotify.com/episode/6fR3jP75Z4amMlRCsEOAhJ?si=66f50b888bb44784

• WOMEN'S SHELTER SERVICE
• LEGAL AID
• Lifeline: 13 11 14
• Mensline Australia: 1300 789 978
• Kids Help Line: 1800 551 800
• Aboriginal Family Domestic Violence Hotline: 1800 019 123
• Relationships Australia
• Police: 000
• DVConnect Womensline: 1800 811 811 (24 hours, 7 days a week)
• DV Connect Mensline: 1800 600 636
• National DV line: 1800 737 732 (1800 RESPECT)

Thank you for listening to this episode. We hope it helps you think critically about when to settle and when to go to court, while also providing the knowledge you need to protect yourself during your divorce journey. If you found this episode helpful, please rate, review, and subscribe. Your support helps others find the guidance they need. Stay strong and take care.

Disclaimer: This podcast episode provides general legal education for Australians and is not a substitute for legal advice. Every situation is different, and it is important to seek independent legal advice tailored to your specific circumstances.

00:00 Introduction to Settling in Divorce

01:43 Understanding the Role of Lawyers in Settling

06:00 Cost-Benefit Analysis in Court Cases

10:21 Risks of Going to Family Court

16:25 Bad Reasons for Settling

19:52 Navigating Emotional Decisions in Divorce

20:30 Reasons ...

Are you navigating a difficult divorce or separation? In this insightful episode, Laura and Lynette share five crucial steps to help you empower yourself through your divorce or de facto journey. They discuss how your actions, boundaries, self-affirmation, and standing up for yourself can significantly impact the outcome of your case. With practical legal education and empowering strategies, this episode is a must-listen for anyone facing a challenging breakup, especially if dealing with a high-conflict, narcissistic or manipulative ex-partner. Download the reflection worksheet that goes with this episode off our Patreon account.

Please note that this podcast provides general education only and is not legal advice. Always seek independent legal advice, as every situation is different.

🌟 Want to know how your actions can make or break your case.

❓ Need guidance on setting and maintaining boundaries with your ex.

💡 Seek methods to reaffirm who you are amidst false accusations.

🛡 Are looking for strategies to stand up for yourself effectively.

📚 Need tips on avoiding common pitfalls during your divorce.

📝 Want to ensure you're doing everything possible to navigate your divorce successfully.

• Your Actions Make or Break Your Case: How your behaviour and decisions impact the outcome.
• Setting Boundaries: Importance of establishing clear boundaries with your ex.
• Reaffirming Who You Are: Techniques to maintain your self-worth and confidence.
• Avoiding Self-Sabotage: Tips to prevent actions that could harm your case.
• Standing Up for Yourself: Empowering yourself to take control and advocate for your needs.
• For Full Show Notes & downloadable checklist go to www.thedivorcecourse.com.au/blog
• For more support, visit www.thedivorcecourse.com.au

• Episodes to Help with Communication Boundaries:
• Bombarded with Legal Letters
• Do I Really Need to Respond to That?
• How to Respond to a Word Salad Letter
• Episodes on Managing Emotions and Self-Affirmation:
• Things the Court Doesn't Care About
• Disclosure Episode
• Red Flags Lawyers
• How to Choose and Use Your Lawyer
• Parenting Apps for Communication:
• Our Children CoParenting Platform
• My Family Wizard

• WOMEN'S SHELTER SERVICE
• LEGAL AID
• Lifeline: 13 11 14
• Mensline Australia: 1300 789 978
• Kids Help Line: 1800 551 800
• Aboriginal Family Domestic Violence Hotline: 1800 019 123
• Relationships Australia
• Police: 000
• DVConnect Womensline: 1800 811 811 (24 hours, 7 days a week)
• DV Connect Mensline: 1800 600 636
• National DV line: 1800 737 732 (1800 RESPECT)

Remember, you are not alone, and there are resources and support systems available to help you through this challenging time. If you found this podcast helpful, please rate, review, and subscribe. Your feedback helps others find the support they need. Stay strong and take care.

Please note that this podcast provides general education only and is not legal advice. This is just one lawyer's opinion of the family court's views in Australia. Do not base your case on anything mentioned in this episode unless it is first discussed and approved by your personal lawyer. Always seek independent legal advice, as every situation is different. By listening to this show, you are agreeing that it and the company that runs it are not liable for the outcome of your case.

For Full Show Notes, go to www.thedivorcecourse.com.au/blog

For more support, visit www.thedivorcecourse.com.au

Useful Res...

🤔 Are you facing a challenging divorce, separation, or co-parenting situation with a difficult ex-partner? Are you seeking effective strategies to handle criticism, control, and over-explaining in your communications?

🎧 Listen to this episode to learn how the JADE Method can assist you in navigating these complexities, while being careful not to make mistakes that could come back to bite you in the Family Court or at Mediation with this ever-increasingly popular method.

💼 Learn about practical approaches to maintain composure, protect yourself from post-separation abuse, and respond calmly amidst conflict from a family law specialist with over 35 years of experience who has seen it all.

Listen to this episode if you:

• Are navigating a divorce, separation, or co-parenting, especially if it involves a difficult ex-partner.
• Want strategies for dealing with criticism, control, and over-explaining in communication with your ex.
• Are breaking out of a coercive control situation while going through the divorce or separation process.
• Are dealing with post-separation abuse after separation.
• Are co-parenting with a narcissistic ex.
• Are interested in understanding recent changes in family law regarding decision-making responsibilities for children.

Key Ideas:

• An introduction to the JADE method (Justify, Argue, Defend, Explain) and its application in dealing with difficult ex-partners.
• Discussion on the importance of not falling back into patterns of over-explaining or justifying oneself, especially if the relationship was characterised by criticism and control.
• Explanation of recent changes in family law regarding decision-making responsibilities for children, emphasising the distinction between major long-term decisions and day-to-day matters.
• Strategies for responding calmly and rationally rather than reacting impulsively in communication with an ex.
• Importance of taking care of one's own well-being and seeking support during the divorce or separation process.
• Reminder to seek individualised legal and psychological support as needed.

ARTICLE LINK

Jade Method Article by PsychCentral

Please note that this podcast provides general education only and is not legal advice. This is just one lawyer's opinion of the family court's views in Australia. Do not base your case on anything mentioned in this episode unless it is first discussed and approved by your personal lawyer. Always seek independent legal advice, as every situation is different. By listening to this show, you are agreeing that it and the company that runs it are not liable for the outcome of your case.

For Full Show Notes, go to www.thedivorcecourse.com.au/blog

For more support, visit www.thedivorcecourse.com.au

Episodes Mentioned

(Do I really need to respond to that?! When co parenting communication becomes tricky during divorce proceedings.)

Recent Reforms Episode

Word Salad Checklist and Method

(The importance of record keeping during divorce & separation: the what, why, when and how to help yourself in mediation, family court or even just in negotiation.)

(Affidavits for Divorce Settlement in the Family Law Court)

(Pitfalls of premature percentages negotiations in divorce)

Useful Resources:

Click here for our free before you leave checklist

Click here for our free mediation checklist

Sign up here for our next free online webinar

Emergency Contacts:

• WOMEN'S SHELTER SERVICE
• LEGAL AID
• Lifeline 13 11 14
• Mensline Australi...