The Separation Guide | A starting point for better separation and divorce

This episode explores family law finance - a line of credit available to people who are going through separation and need to access funds to pay for professional support to reach a fair and equitable settlement that will set them up for a secure future.

We talk to Jack O'Donnell from JustFund about:

• the purpose of family law finance
• what it can cover
• how it differs from traditional loans
• who is eligible, and how it is assessed
• who can benefit from a family law line of credit.

This episode is a must-listen for people facing a property split who have money tied up in property, a trust or a business that they can't access until settlement. There are options to pay for the right advice.

Resources mentioned in this episode

The number of separated couples still living together in Australia is on the rise. Over 50% of people tell us that they have separated but are still living under one roof. The transition from partners to moving out can take some time, but we’re seeing that period grow longer for more and more couples. In this episode, separation and relationship coach Kelly Bagshaw joins us to talk about

• what’s causing this rising trend
• making this period work in the best way
• re-negotiating your relationship, your space, your boundaries and your expectations of each other
• communication styles
• support to help you get through this period and move on afterwards.

Dividing assets and property in separation and divorce may seem like a simple equation, but it gets complicated quickly. A 50-50 split may not always be the best outcome. Listen to find out what factors need to be considered in determining a fair property split. In this episode, we talked to Lauren Patford-Smith of Padford-Smith Legal Services about:

• the 4-step process of Family Law
• what assets and debts should you should include in your marital asset pool
• how the length of your relationship and when you acquired assets impact the percentage split
• how financial and non-financial contributions are considered
• how the circumstances of your situation over the life of your relationship affect the split
• what happens when one person has spent time out of the workforce as a primary carer
• how your needs after separation are considered.

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For more information on property splits, check out these resources:

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Telling your partner that you want to separate is a daunting prospect. Doing it wrong could have consequences like escalating conflict, creating unnecessary hurt for those around you and, in extreme circumstances, it could be dangerous. Preparing yourself to tell your spouse the right way can set the tone for a low-conflict separation from day one.

In this episode, we speak to our Senior Separation Consultant, Arabella Feltham, about:

• safety as your number one consideration
• discussing separation if moving out isn’t an option
• the right moment to bring up separation
• having a support person present
• what to consider if you have children
• how to prepare yourself
• the words to use to avoid escalation
• how to approach a trial separation
• emotional reactions to expect from your partner and yourself.

Around a third of Australia’s population was born overseas. Many married and de facto couples have at least one person from another country. If this is you, what happens if you separate in Australia? 

In this episode, we talk to experienced migration and family Lawyer from Starlight Legal, Eva Liang, about:

• how Australian Family Law recognises overseas marriages
• how to divorce when one party is overseas
• relocating children overseas in a separation
• spousal visas and their effect on separation
• cultural and linguistic barriers when dealing with the Family Court system
• understanding different cultural values,  best interests and family structures. 

Please subscribe for episodes about all aspects of separation and divorce in Australia.

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Child support is a way for both parents to make sure that their kids are properly supported financially. There are a lot of decisions that need to be made around how your child support arrangement is set up, managed and collected. There are also a lot of implications to these decisions which might not become clear until you are a fair way down the child support road.

In this episode, we speak to Crystal Paduch from Child Support Consultants about many aspects of child support in Australia to give you some insight into how it all works.

We cover:

• how child support is assessed
• the ways to manage child support
• private collection versus Child Support collect
• how Centrelink, Child Support and the ATO are connected
• the types of income included in an assessment plus income exclusions
• how days of care affect an assessment
• what happens if there is an overpayment or underpayment
• the services offered by CSC.

We’ve had ‘no-fault’ divorce in Australia since 1975. Unlike criminal law, there's not a guilty verdict. Your lawyer isn't fighting to 'win' - their job is to help you reach an agreement with your spouse over property and financial settlement and child arrangements.

Putting children through a family separation isn’t something anyone ever wants to do. So, how should you approach it if it happens? In this episode, we speak with Bron O’Loan from O’Loan Family Law about:

• telling children about your separation
• what to say if you can’t answer their questions
• involving children in decisions about their future
• messages you give children about the separation
• support networks for parents and children
• resilience in children
• talking about the future after separation.

What happens to your superannuation when you separate? In this episode, we chat with Samatha Miller from Clarity Lawyers, Chris Fagan from SCM Wealth Management and Christina Hobbs, CEO and co-founder of Verve Super about superannuation and separation.

The Separation Guide CEO, Angela Harbinson, spoke with industry experts Kylie Harding and Selena James about their advice and suggestions for financial empowerment before, during and after separation.

We chat with Rebecca Dahl, partner at Nicholes Family Lawyers, about 10 common family law myths.

True or false? 

• If you leave the family home, you'll lose your share in the property.
• If you're still living together, you can't be separated.
• 'I put the money in and so I should get the money back.'

Do you need help sorting family law fact from fiction? 

Today, we chat with Davide Di Pietro, Principal therapist at The Resilience Centre's Family Clinic, about communicating through separation.

This practical conversation covers:

• Setting separation conversations up the right way
• Communication barriers
• Grounding strategies
• Psychological rigidity vs. psychological flexibility.

'The families that I've worked with where I've met them before the separation has occurred and been able to...walk through with them that whole process, it seems to go quite well.'

'When we have had a successful meeting with a client in this situation, the overall feeling they walk out with is hope. They see they have choices and that despite the change, there is room for a positive future ahead of them.'

We chat with Steve Fort, Financial Planner and Director Invest Blue, about how to prepare for a new financial future.

'I’ve always had a view that, and it’s a view born of experience, that I think the accountants are just as important as the lawyers when it comes to assisting people in separation and divorce.'

We chat with John Swaine, accountant and Director of PKF Accounting Central Coast, about the role of accountants in:

• Understanding your assets
• Bridging the financial knowledge gap
• Planning for the future

We chat with Anna Cruckshank and Kate O'Grady of Aubrey Brown Lawyers about:

• Being stuck in the ‘escalation cycle’ 
• Debunking divorce myths
• What it actually means to go to the family court

'This is a time where we can have new freedoms, new opportunities. We’re not held up by perhaps how someone saw us for many years. We can rebuild ourselves, get a new sense of self and we can actually flourish.'

We chat with Heather Irvine Rundle, Senior Clinical Psychologist at READ Clinic, about:

• Staying physically well through separation
• Life after separation 
• Being in the life-long business of ‘raising children’