We believe that knowledge is power and given how overwhelming the family law process can be, we have found some resources to help you decipher how the process works and key things to know so you can ask your lawyer informed question about your case.
One resource some of our family lawyers recommend is Family Law Guide 101 which you can find on Facebook here
Family Law 101 Foundation Workshop : Length: approx 1.5 hours Format is 3 x 30 min segments:
24/7 national sexual assault, domestic and family violence counselling service. Phone: 1800 737 732. The Daisy app protects your device’s privacy and contains information on local support services.
24/7 crisis support and suicide prevention service. . Lifeline works with communities to educate people on being suicide-safe. Their centres offer support groups, financial counselling, and domestic violence response training.
www.familyviolencelaw.gov.au. Access critical information on domestic violence and family violence issues. Their support workers can assist victims develop a safety plan and support them through the legal process. You can also receive support finding housing and Centrelink payments
www.familyrelationships.gov.au. Family Relationships Online is a platform that provides important family law information. Parties can access counselling and family dispute resolution through the platform’s database
Act for Kids(07) 4847 0550 or https://www.actforkids.com.au
Immigrant Women’s Support Services – https://iwss.org.au/information-in-your-language
MoneyHelp – Free information on managing bills and debt, debt options, and tools and tips. Visit their website here
NSW Government Victim Support Scheme: Call the Victims Access Line 1800 633 063
There is a wealth of free advice and information out there via podcasts but where to start?
We have found a great series – The Divorce Course
This Mother and Daughter duo discuss and cover the legal stages and steps that you will face on your way to freedom through divorce. These are practical and real discussions with Lyn Galvin a family lawyer of 35 years experience and her daughter Laura a divorced mother of three. Laura helps turn her mother’s lawyer jargon into something everyone will understand. Lyn shares all her tips and practical advice on separating. Through this podcast they aim to help you through your Australian divorce or de-facto separation to make it more cost effective and less stressful.
Link to podcast series is here
A great podcast to start with is featured below. Check out their blogs, free checklists and other podcasts available.
This particular podcast looks at separation and post separation abuse, what it looks like, why it’s so common, and how to recognize the subtle and not so subtle ways a controlling ex might continue to manipulate and harass you during legal negotiations and co-parenting. A clinical psychologist, Krasi Kirova provides tools for protecting yourself mentally and emotionally as you navigate the separation and legal divorce process. Listen to this podcast here:
Taking control of your finances, or at least understanding your assets, getting access to key financial documents and strategies for managing your money post separation is alot to take on for anyone, let alone if you are are suffering from a controlling ex-partner.
Fortunately there are money experts along with your family lawyer who can help you. Getting expert advice can be vital for affording a new home mortgage, managing life expenses and ensuring you get your legal entitlement of financial assets post separation including superannuation. Working with your family lawyer and a financial planner can be an effective way to prepare for a more secure financial future.
Good Shepherd is Australia’s longest running not for profit, and is focused on supporting women, girls and families – and offer programs that help women strive for dignity and social justice.
If you need some immediate financial support to afford some basic living expenses, they offer interest free loans up to $2,000 to help get you on your feet for furniture, medical expenses, school fees etc. They also provide a Financial Services Advice Hub –
Their financial service programs can assist people who are experiencing financial hardship by:
Financial experts are professionals who specialise in supporting people through the separation and divorce process.
The following are experts who may be able to assist you:
Financial expert Karen Eley is a certified money coach with more than 20 years experience. Through her business, Women Talking Finance, she helps other women to be confident and knowledgeable about all things finance. Karen practises what she preaches too, having invested in shares, managed funds and property. Find out more here
This group of financial experts work with people who want to keep money from getting in the way of life; people who are ready to embrace change, ready to learn, and will do what it takes to increase their financial resilience and education.
They are focused on helping you understand your relationship with money, take control and make money changes that align with your values to support the kind of life you want to live. Visit their website here
You won’t have any out of pocket expenses until the end of your settlement.
TRIPLE P course – The Triple P – Positive Parenting Program® has been developed here in Australia and is now the world’s most widely researched parenting program with hundreds of clinical trials and real-world studies to back it up. From confidently handling a toddler meltdown, to learning how to control your emotions and deal with anger management, Triple P empowers you with a toolbox of strategies, skills, and knowledge. It can help you create a closer bond with your child as you support their learning, development, life skills and emotional wellbeing. Triple P can work for you too — and it’s online!
Family Transitions Triple P Online is a program for parents and carers thinking about, or going through, separation or divorce. It includes practical, positive tips, worksheets and ideas to help you manage your family’s journey. Get proven strategies to help shield your child from negative effects and create a sense of reassurance and stability. Learn how you can navigate the changes more confidently and with less stress. Personalise the program to suit your circumstances and situation. Ease your family’s transition and build a positive family dynamic, now and for the years to come. You can sign up for a free program here.
The Co-Parenting Course: Tips, tools and common traps to becoming the best co-parent your child can ask for. The course has been out together by Shelby, from Divorce Done Differently. Download a Free 14 day Co-Parenting Challenge – here
Relationships Australia NSW is an independent, not-for-profit organisation dedicated to enhancing relationship quality, supporting relationship wellbeing, and improving our individual and collective sense of belonging. They have been a leading provider of relationship support since 1948, offering services to people, couples, families, communities and workplaces across NSW. They see clients across counselling, mediation, relationship education and specialist programs, face-to-face, via the phone and online. They are here for people of all cultural backgrounds, genders, ages, sexual orientations, and family structures, and offer a number of culturally adapted services in other languages. Relationships Australia NSW is part of a federated network of Relationships Australia organisations across every state and territory in Australia, who believe in the transformative power of safe and respectful relationships.
They offer a range of services including support for family disputes resolution and mediation.
A useful video on Taking Steps to Getting a Divorce is here
Separation Under One Roof – According to Relationships Australia’s recent research report, 2024 Relationship Indicators, cost of living was the number one challenge people faced in relationships, affecting approximately 5.6 million Australians. This crisis disproportionately affected people aged between 25 and 44, as well as families with children under the age of 15. Keeping things “normal” for children and not disrupting their schooling or extracurricular activities was a top priority for parents, while others found they could slowly grieve the end of the relationship living together, as many people grieve at different paces.
Co-parenting can be tough. You are navigating an unexpected new reality. One way to manage communications, schedules and expenses is an app called OurFamilyWizard. It is designed helps you co-parent effectively—so your children thrive.
My Family Wizard is used by over 1,000,000 families across Australia and is the leading co parenting app for divorced or separated families. Costs start from $199 annually.
Though you might think 50/50 is a fair split in a divorce, the court weighs up many factors when considering how to divide assets and property. The courts will think about contributions to the marriage, like income, property, homemaking, and childcare. They’ll also think about each person’s future needs based on their health and income and the length of your relationship.
In longer marriages, courts may award a 50/50 division, but this is not automatic. The decision is based on factors such as financial and non-financial contributions, homemaking, and each party’s future needs.
So, what is the average split in Australia-wide divorce settlements? There is no definitive data, and Australian family law does not prescribe a fixed percentage. Courts assess financial and non-financial contributions, future needs, and caregiving responsibilities to ensure an equitable outcome.
With that said, there is some consensus among lawyers that a 60/40 split is the common asset division in Australia. Usually slightly in favour of the wife in a relationship, this asset split is based on factors like one spouse making much higher financial contributions during the marriage or having a significantly reduced earning capacity post-divorce. A 60/40 split also pays attention to whichever person is your family’s primary caregiver for any children or other dependents.
If the process takes longer than you think to finalise, we can help fund the payment of legal fees.
As the court determines the asset split in your divorce, they’ll first identify the total asset and property pool. This pool includes all your and your spouse’s assets, financial resources, and liabilities.
Your combined total asset pool may contain properties, business assets, financial accounts, superannuation, and valuable personal items. This applies even if an asset was acquired before marriage unless excluded by a binding financial agreement.
Remember, the key principle here is equity, not necessarily equality. While a 60/40 or 70/30 split may seem unequal initially, it’s important to understand that this approach considers each partner’s earnings and individual financial needs. This should give you confidence in the fairness of the process.
Courts do not grant automatic entitlement based on gender. However, spousal maintenance may be awarded if one party cannot support itself due to income disparity or health or caregiving responsibilities. The courts will look at your unique combination of assets, the amounts you earn, and the overall picture.
Yes, a wife may be entitled to slightly more. But this is based on a wife who is the primary caregiver after divorce, as well as typically having a lower earning capacity, which many women do. If the husband has a higher earning capacity, he is more likely to be still able to support himself after the divorce, even with less in the settlement.
The Court generally prefers that a child be able to spend quality time with each parent. However, this is only true in situations where there are no concerns for the safety or well-being of the child when with each parent.
In the situations of a mother withholding a child from the father in Australia, or vice versa, it is illegal to withhold a child against Court orders. It is also illegal to withhold a child from court agreements.
In any situation, though denying access to a child against legal agreements is against the law, the child’s well-being and safety are always the primary concern. After the Court considers all the factors and decides a parent cannot provide a safe and nurturing environment, it may then choose to deny access.
How long can you expect a divorce to take? You might think that once you’ve filed the paperwork and the 12 months of separation are up, your divorce should go through immediately, but it’s not so simple. That being said, in the vast majority of cases, a divorce order will take effect one month and one day after the court makes the order. It’s still possible that the court won’t make the order at the first hearing because they need more information from you. This information could be evidence of the date of separation, evidence of counselling (for people who have been married for less than 2 years), or other paperwork. If you go to court, getting divorced could take over 3 years.
If you get good legal advice, this can help expedite the process of your divorce.
Though most people know what coercive control is, you may be surprised at some of the signs. Some signs of coercive control seem like normal behaviours when they first start. However, the persistence or severity of what a partner is doing makes the behaviour coercive control.
Though financial abuse is also a distinct form of abuse, in coercive control, limiting your access to money restricts your ability to leave the relationship. Controlling your finances in coercive control might look like limiting your access to bank accounts, putting you on a strict budget barely covering essentials like clothes or food, not allowing you to have a credit card, hiding financial resources from you, and excessively monitoring your spending.
Financial problems can also be why people put off getting divorced or separated or avoid it altogether. But coercive control will only continue to escalate and threaten you more. So, limited finances should never be a reason for you not to divorce or to rush into an inequitable divorce deal. If you need to fund the cost of legal fees, you can apply for a line of credit with us and repay it when you reach your final settlement. You don’t need to worry about having available cash. You also don’t need your name on the bank account to be eligible for funding as long as you have a shared property asset as part of your relationship.
Importantly, it is now illegal to practice coercive control in Queensland and New South Wales, and this is enforced by the family courts.
Another big part of coercive control is isolation. Your partner might restrict your access to friends and family, so you can’t get support. They may take your phone, restrict your access to transport, want to know your every move when you go out, and even change your passwords or prevent you from going to work or school.
Gaslighting is a psychological term that is talked about a lot these days. In coercive control, gaslighting is where your partner makes you doubt your own experience and truth about things that have happened and things they have done. They may insist they are always right as they instil their narrative of the situation, making you doubt your own sanity. Your partner will lie and manipulate the truth even when there is evidence against what they say.
Though at first, it may seem like your partner cares about you, excessive control and monitoring of what you eat, how much exercise you get, your sleep, and the medications you take is considered coercive control. In coercive control, your partner may even restrict where you can go for medical help, perhaps due to them physically abusing you, or monitor how much time you spend in the bathroom.
In the same vein as isolating you and limiting your freedom, a partner engaging in coercive control may also make damaging accusations about what you do with your family and friends in person or online. These false or exaggerated accusations may be why your partner restricts or monitors your phone. Eventually, in coercive control, your partner will want to phase out all your contact with the external world except them. If you think you are being subjected to any of the above its important to tell a trusted friend or seek professional support including your family lawyer, or reach out to a professional service such as Women’s Domestic Violence Court Assistance Service (WDVCAS) who can also support you as you seek help.
Divorce is undoubtedly one of the most emotionally challenging experiences anyone can go through. Amidst the emotional turmoil, there’s another aspect that can cause significant stress: the cost of legal proceedings. Understanding and managing divorce expenses is crucial to ensure a smooth transition into the next phase of life. Let’s delve into the intricacies of divorce costs, providing valuable insights and practical tips to help you navigate this financial challenge.
Divorce expenses can be broadly categorised into two parts: attorney fees and court-related fees. Attorney fees are charges incurred for the legal services provided by your lawyer, while court-related fees encompass the expenses associated with filing documents and attending court hearings.
Factors Influencing Attorney Fees
Several factors influence how much you’ll pay your attorney. These include the complexity of your case, the experience and reputation of your lawyer, and the location of your attorney’s office concerning the court. Being aware of these factors can help you anticipate costs and plan your budget accordingly.
Court-Related Fees and Hidden Costs
Court-related fees vary based on the type of divorce you’re pursuing, whether it’s contested or uncontested. Filing fees, service of process fees, and court appearance fees are common examples.
Other Costs
Additionally, there are often hidden costs, such as photocopying charges and administrative expenses, and even ongoing calls and emails with simple questions can quickly add up if not managed carefully so do your research and save your questions for one meeting.
1. Communication and Transparency
Maintain open communication with your attorney. Ask questions about the billing structure and request detailed invoices to understand the services you’re being charged for.
2. Be Organised
Organise all necessary documents and information. This reduces the time your lawyer spends gathering information, ultimately saving you money.
3. Consider Alternative Dispute Resolution:
Mediation and collaborative divorce processes can be more cost-effective than traditional courtroom litigation. Explore these options with your attorney.
4. Educate Yourself:
Understand the legal processes and terminologies. Educating yourself can prevent misunderstandings and unnecessary legal consultations.
5. Regularly Review Invoices:
Regularly review the invoices provided by your attorney. Ensure that the charges align with the services you’ve received and question any discrepancies. Navigating divorce costs can be challenging, but with knowledge and strategic planning, you can minimise financial stress during this difficult time.