The Separation Guide | A starting point for better separation and divorce
By The Separation Guide
We support you from start to finish, making separation simpler, more manageable and less stressful.
We aim to give you confidence to make the right decisions for your future.
The Separation Guide | A starting point for better separation and divorceDec 21, 2020
Episode 22: How can I pay for my separation?
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
- Check if you're eligible for family law finance with JustFund https://theseparationguide.com.au/resource/podcasts/listen-how-can-i-pay-for-my-separation/
- JustFund Borrower Guide https://theseparationguide.com.au/app/uploads/2024/01/2024-Borrower-Guide-The-Separation-Guide.pdf
- Family law finance information on The Separation Guide website https://theseparationguide.com.au/resource/podcasts/listen-how-can-i-pay-for-my-separation/
If you know someone who will find this podcast helpful, please share.
The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.
Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.
Episode 21: How to live with your ex
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.
Listen here, or listen and subscribe wherever you get your podcasts. If you’d like to chat with Kelly for independent separation coaching, counselling or relationship coaching either before separation or to work towards a successful separation, you can book in a free 15-minute chat here. Or read our blog, How to separate from your spouse while living together.
For the latest stats on separation in Australia, you can download our State of Separation Impact Report
If you know someone who will find this podcast helpful, please share.
Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.
Episode 20: What's fair when you split your assets?
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.
Listen here, or listen and subscribe wherever you get your podcasts.
For more information on property splits, check out these resources:
Blog:
If you know someone who will find this podcast helpful, please share.
The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.
Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.
Episode 19: How to tell your partner you want to separate
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.
You can find out about the Separation Support sessions mentioned in the podcast here.
Please subscribe for episodes about all aspects of separation and divorce in Australia.
If you know someone who will find this podcast helpful, please share.
The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.
Episode 18: Immigration and separation in Australia
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.
If you know someone who will find this podcast helpful, please share.
You can find information about forms of family violence and links to support services in our blog Separation when there is family violence.
The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A. If you offer professional help and advice to people going through separation and divorce, Join the Network.
Episode 17: What you need to know about child support
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.
If you'd like to learn more about CSC and book a consultation with Crystal, you can find the link to her calendar here.
If you know someone who will find this podcast helpful, please share.
The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A. If you offer professional help and advice to people going through separation and divorce, Join the Network.
Episode 16: Kindness in Family Law
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.
So is there really a place for escalating your matter to an inevitable court date, and who is actually benefiting when that happens? Is it time in Australia for a kind approach to Family Law? In this episode, we speak to Perpetua Kish from Balance Family Law and Angela Harbinson, CEO of The Separation Guide about:
- the role of the law in separation and divorce
- what kindness in Family Law looks like and how it benefits clients
- de-escalation and proactive communication between lawyers
- what to look for when choosing a lawyer who will avoid escalation
- possible points of escalation and how to avoid them
- the financial and emotional cost of escalation and going to court.
Please subscribe for episodes about all aspects of separation and divorce in Australia.
If you know someone who will find this podcast helpful, please share.
The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A. If you offer professional help and advice to people going through separation and divorce, Join the Network.
Episode 15: Buy out or sell? Mortgages and separation
75% of the couples we hear from own property together. Find out about your borrowing options and know where you stand before you negotiate your financial settlement. In this episode, we speak to Senior Lending Specialist Jyana Papanastasiou from SCM Finance Solutions about:
- covering your loan when you separate
- refinancing when one person keeps the home
- pros and cons of selling and releasing equity
- getting a mortgage as a single person
- what counts as income for your application
- when you should speak to professionals.
If you know someone who will find this podcast helpful, please share.
Find out more about your options in separation and divorce at www.theseparationguide.com.au
Episode 14: Helping your kids navigate separation
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.
You can purchase Bron O’Loan’s book The Splits: How to help your kids navigate separation and divorce here.
If you know someone who will find this podcast helpful, please share.
Find out more about your options in separation and divorce at www.theseparationguide.com.au
Episode 13: Separating with super
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.
Are you impacted by separation? Our 3-minute Q&A can help connect you with experts like those featured in our podcast to guide you through the maze.
Find out more about your options in separation and divorce at www.theseparationguide.com.au
To learn more about Verve Super, head to their website.
Disclaimer:
Information provided in this podcast is of a general nature only. It’s important to do your own research and consider things like fees, investment performance, insurance cover, risk profile, and alignment with your values when considering if a superannuation product is appropriate for you. Consider getting in touch with a professional adviser if you need support with your financial or legal needs. When considering financial returns, past performance is not indicative of future performance.
Episode 12: Financial Empowerment, before, during and after 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.
Find out more about your options in separation and divorce at www.theseparationguide.com.au
Note that Kylie Harding was known by her married name Kylie MacDonald when our podcast was recorded.
Episode 11: Family violence in separation
In this episode, Jack Whelan speaks with Heidi Rogers from Moving Mindsets, Tanya Hibberd from Aubrey Brown and Andrew Wilson, who is a Mediator with The Separation Guide, about the different types of family violence, how these can affect your separation, and some tips about what you can do if you find yourself facing family violence while also going through a separation.
Episode 10: Parental alienation in separation and divorce
Jack Whelan, Mediator, Barrister, FDRP and Co-founder of The Separation Guide, leads the discussion on the controversial subject of Parental Alienation with Lawyers Kath Manby and Bron O'Loan, together with Family Therapist and Psychologist Lynne Datnow.
Episode 9: Separating in a Pandemic
Jack Whelan, Barrister, Mediator and Family Dispute Resolution Practitioner spoke with Dr Mandy-Jo Ellis from the Relationspace, Carolyn Devries, CEO of NEW Way Lawyers, Australia’s first not for profit law firm, and New Way Law Family Law expert practitioner Ryan Cropper to discuss some of the issues facing separating and divorced families in a pandemic.
Episode 7: Busting common separation and divorce myths
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?
Our 5-minute Q&A can help connect you with experts like Rebecca to guide you through the maze.
For more free separation resources, go to theseparationguide.com.au.
Read more about Rebecca and Nicholes Family Lawyers.
Episode 6: Overcoming communication barriers in separation
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.'
Thinking about separation?
Our 5-minute Q&A can help connect you with the right experts to guide you through the maze.
For more free separation resources, go to theseparationguide.com.au.
Read more about Davide and The Resilience Centre.
Episode 5: How to discuss separation with your kids
We chat with Tarnya Davis, principal Clinical Psychologist at NewPsych, about the importance of mental health through separation — and how to support your children through this unsettling period.
Thinking about separation?
Our 3-minute Q&A can help connect you with the right experts to guide you through the maze.
For more free separation resources, go to theseparationguide.com.au.
Episode 4: Planning your finances after divorce
'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.
The transcript of this podcast is here.
Thinking about separation?
Our 3-minute Q&A can help connect you with the right experts to guide you through the maze.
For more free separation resources, go to theseparationguide.com.au.
If you offer professional help and advice to people going through separation and divorce, Join the Network.
Episode 3: The cost of conflict- an accountant's perspective on separation
'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
The transcript of this podcast is here.
Thinking about separation?
Our 3-minute Q&A can help connect you with the right experts to guide you through the maze.
For more free separation resources, go to theseparationguide.com.au.
If you offer professional help and advice to people going through separation and divorce, Join the Network.
Episode 2: How to keep your separation or divorce out of the courts
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
The transcript of this podcast is here.
Thinking about separation?
Our 3-minute Q&A can help connect you with the right experts to guide you through the maze.
For more free separation resources, head to theseparationguide.com.au.
If you offer professional help and advice to people going through separation and divorce, Join the Network.
Episode 1: How to divorce or separate well
'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’
The transcript of this podcast is here.
Thinking about separation?
Our 3-minute Q&A can help connect you with the right experts to guide you through the maze.
For more free separation resources, head to theseparationguide.com.au.
If you offer professional help and advice to people going through separation and divorce, Join the Network.