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.
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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
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Affording a Family Lawyer Without Going Broke: Divorce Cost-Saving Tips
Listen to This Episode If You… 💸 Can’t afford a lawyer full-time but still need legal support 📑 Are drowning in legal letters or excessive disclosure requests from your ex 👶 Want to protect your kids while keeping costs manageable ⚖️ Are considering mediation but don’t know when it’s safe to go without a lawyer 🧾 Want to learn how to organise your documents to save money 😟 Are worried your ex is using legal abuse or post-separation tactics to wear you down ⚠️ 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. Affording a Lawyer Without Going Broke: Divorce Cost-Saving Tips Are you stuck in the “missing middle”... earning too much for legal aid, but nowhere near enough to pay endless legal bills? You’re not alone. For many separating couples, the cost of family law can feel like a second punishment, especially when an ex uses the system as a weapon of financial abuse or coercive control. In this practical and empowering episode, Laura and Lyn (a seasoned family lawyer) break down the real costs of divorce, why legal bills skyrocket, and the smart strategies you can use to keep costs under control. From disclosure to parenting arrangements, mediation to negotiation, you’ll discover what you can safely do yourself—and where it’s worth paying for expert legal help. If you’re overwhelmed by fees or worried your ex is driving up costs on purpose, this episode gives you the tools, insights, and confidence to navigate the system without draining your financial future. ⏱️ Episode Timeline – What We Discuss 00:00 – What you need to know before listening: Introduction and trigger warning 01:02 – What is the “Missing Middle” in Family Law and Divorce? (Legal aid limits and financial strain explained) 03:14 – How much do Family Law and Divorce lawyers cost in Australia? (Understanding legal fees) 07:56 – How do high-conflict exes use Family Law and Divorce to create legal abuse and drive up costs? 13:36 – What Family Law and Divorce strategies actually help keep legal costs down? 21:49 – Best Family Law co-parenting apps to cut conflict and reduce divorce lawyer bills 23:10 – What is the DIY Divorce Blueprint and how can it save you money in Family Law? 23:54 – Can you negotiate a Family Law divorce settlement without a lawyer? 24:35 – Family Law mediation tips: When mediation works in divorce and when it’s unsafe 28:12 – What are Family Law pre-court procedures in divorce? (Self-representation tips) 30:28 – How to organise your Family Law divorce case and manage legal costs like a pro 34:57 – Real Family Law success stories: How preparation cut divorce costs in half 36:32 – Final thoughts: Encouragement for staying strong during Family Law and Divorce 📌 Links & Resources Mentioned Related episode: Is Your Ex Bombarding You With Legal Letters? https://open.spotify.com/episode/4xP8mJmnjAgoEeTJaqOMKb?si=mBgqHpaaRuGkzVsNdZ4VJw Parenting communication tools: Our Family Wizard, Our Children Case & Article: ABC News – Exorbitant Costs of Family Court Matters https://www.abc.net.au/news/2025-08-27/financial-toll-of-sydney-registry-family-court-matters/105622908 Post Separation Abuse Playbook and what you can do about it part 1 https://open.spotify.com/episode/0frpHUd43xAsuifACUqIzL?si=4PFFP2lmSzKlrCbUfWQgNA Dealing with Legal Abuse https://open.spotify.com/episode/1V23F0O5yhQt9NFLPOu6uJ?si=gml77SrURsK1LGpA5MhzHw Protecting yourself from a narc ex in family court https://open.spotify.com/episode/0JyfH5fCoqrUoxeDj6jCtu?si=8ZmxK28ySQa5_SUY5ywkPg https://www.ourchildren.com.au/ https://www.ourfamilywizard.com.au/ Age Appropriate Parenting Plans https://open.spotify.com/episode/6MxzxwItfa1K8p9Rrnu3ON?si=Nss69o81SVK7GCpjEGcmPQ Legal Fees & Saving Strategies https://open.spotify.com/episode/4sIiqb89evbERnRlWfGR9v?si=9PZDyWazS7uPOjG9aLmWJQ 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
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Divorce and Wastage: Protecting Your Property When Your Ex is spending it all
🎧 Listen to this episode if you… 💸 Suspect your ex has been wasting money during or after separation ⚖️ Want to understand what the new Family Law Act changes (June 2025) mean for add-backs 📑 Need to know how to prove wastage in court or mediation 🏡 Worry your savings could be treated unfairly if your ex has spent theirs 🧾 Want practical tips on disclosure, evidence, and how to talk to your lawyer ⚠️ Disclaimer: This is general education only and not legal advice. Please seek advice from your own lawyer about your specific circumstances. Divorce property settlements just got a major shake-up in Australia. On June 10, 2025, the Family Law Act changed—and the Full Court confirmed the new approach in Shinohara & Shinohara [2025] FedCFamC1A 126. So what does that mean for you? In today’s episode, we break down wastage and add-backs—what they are, how they used to work, and what the courts now say. We explore: The difference between wastage during the relationship vs after separation How gambling, drugs, alcohol, or reckless spending are treated The risks when your ex is stalling, hiding money, or draining joint accounts How to prove wastage with disclosure, documents, and chronologies What to say to your lawyer or mediator so it doesn’t get missed If you’ve been scrimping and saving while your ex has been spending big, this episode will help you understand how the law now protects you—and how to raise it at mediation or in court. ⚠️ Disclaimer: This is general education only and not legal advice. Please seek advice from your own lawyer about your specific circumstances. ⏱️ Episode Timeline – What We Discuss: 00:00 – What are wastage and add-backs in divorce property settlements? 01:28 – How do courts define wastage and add-backs in family law? 03:36 – What are the new legal changes (June 2025) and how do they affect divorce property division? 07:12 – How does wastage during and after marriage impact property settlements? 16:25 – How can you prove wastage in court after separation? 27:13 – What kind of proof and financial chronology does the court expect? 27:34 – Why keeping a clear chronology helps in divorce proceedings 28:30 – How do you raise financial wastage issues in mediation? 29:37 – What mediation strategies and legal cases should you know about? 30:50 – How is wastage treated in property settlement negotiations? 38:34 – Why is the separation date and superannuation balance so important? 43:40 – How do you handle wastage claims with a high-conflict or avoidant ex? 48:47 – What are the key takeaways for protecting yourself under the new family law changes? 📌 Links & Resources Mentioned Case Update: Shinohara & Shinohara [2025] FedCFamC1A 126 (23 July 2025) https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC1A/2025/126.html Our Free Webinar: thedivorcecourse.com.au Related episodes: DIY Disclosure in Divorce https://open.spotify.com/episode/49yOIB1GLDmXgeZCXkfyJS?si=eGN8WdTBQQql5-9WzT-NsA Legal Gatekeeping & What Your Lawyer Might Not Tell You https://open.spotify.com/episode/086JRHdfn0TGR2vyhhLD2z?si=49tG9RYPQtWFIJDOryviOw 💡 Final Thoughts The law around wastage and add-backs has changed dramatically. If your ex has been wasting money, don’t give up—there are still ways to make sure the court takes it into account. The key is evidence, preparation, and raising it early. 👉 If this episode was helpful, please share it with a friend, rate the podcast, and leave a review—it helps others find the support they need. 📌 Legal Disclaimer: This is a general discussion and not legal advice. Please see a qualified lawyer for advice specific to your situation. 🆘 Emergency & Support Contacts: 💜 Women’s Shelter: 1800 811 811 📞 Lifeline (24/7 Crisis): 13 11 14 👨👧 Mensline Australia: 1300 789 978 👧 Kids Helpline: 1800 551 800 🚨 DV Hotline: 1800 RESPECT (1800 737 732)
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ChatGPT and Divorce: 4 AI Traps That Could Hurt Your Case
Listen to This Episode If You: 🗣️ Have used ChatGPT or AI tools to write legal documents 📱 Are wondering if your chat history could be used in court 🧾 Need help drafting or planning divorce paperwork 🤯 Feel overwhelmed and are tempted to “just ask ChatGPT” ⚖️ Want to avoid serious legal mistakes caused by bad AI info 🧠 Are using AI to organize your thoughts, but unsure where the line is More and more people are turning to AI tools like ChatGPT during their separation or divorce — but is it helping… or hurting your case? In this episode, we explore the four major risks of using AI in your divorce process and show you how to use it safely (if at all). From the scary reality that your chats can be subpoenaed, to the truth about AI “hallucinations” in affidavits, we break it all down so you don’t get caught off guard. We also share ways you can use AI smartly — for planning, organizing thoughts, or building checklists — but why you still need legal and emotional support from real people. 📌 Legal Disclaimer: This is general information only and not legal advice. Always consult a lawyer for your personal situation. ⏱️ Episode Timeline – What We Cover: [00:00] – Can You Use AI in Divorce? An Introduction to ChatGPT and Legal Tech [00:48] – Important Legal Disclaimer: Why AI tools can’t replace professional legal advice [01:29] – What Are AI Tools Like ChatGPT? Overview of how people use AI in divorce [02:41] – Should You Use AI to Draft Consent Orders? Key risks and considerations [05:47] – Can ChatGPT Write My Affidavit? The dangers of AI-generated court documents [08:14] – Why ChatGPT Isn’t a Lawyer: Understanding the limitations of AI in family law [12:23] – Is AI Just Telling You What You Want to Hear? How emotional bias can show up [15:35] – Can AI Be Used as Evidence in Court? Legal risks of relying on chat transcripts [20:53] – Upcoming Webinar Announcement: Learn more about using tech in legal separation [23:26] – Are Judges Ready for AI in Family Law? How courts are adapting to tech tools [24:07] – What Evidence Will the Court Accept? Tips on using tech tools wisely [24:25] – How Legal Communication Has Evolved: From letters to chat logs [25:25] – Key AI Risks to Watch for in Divorce Cases: What the law doesn’t forgive [27:01] – How to Use AI Safely: Smart ways to organise your thoughts and prep for court [29:23] – Real Cautionary Tales: What can go wrong when AI replaces your legal team [33:31] – Final Tips and Takeaways: When AI is helpful—and when it’s risky 🎙️ Related Episodes Putting Coercive Control into writing for Affidavits etc https://open.spotify.com/episode/6Ci0M4DqznBf1L1kcZM3vY?si=Bxeequf0R3G2LNjMWGwiSw Divorce Survival: when you feel like giving up https://open.spotify.com/episode/77KUxaiDS3dKQJl9ly5QtA?si=LMmJ7f0sRXqW5sFWJCb7Tg 12 agreements creating your own parenting plan https://open.spotify.com/episode/6j325rOj96QvV8spPnYsX5?si=J2zhKMgqRrGgKjsh1UbicA 📌 Links & Resources Mentioned: 📞 1800 RESPECT – National Family Violence Support 📞 Lifeline: 13 11 14 – 24/7 Emotional Support 🆘 Emergency & Support Contacts: 💜 Women’s Shelter: 1800 811 811 📞 Lifeline (24/7 Crisis): 13 11 14 👨👧 Mensline Australia: 1300 789 978 👧 Kids Helpline: 1800 551 800 🚨 DV Hotline: 1800 RESPECT (1800 737 732) 📌 Legal Disclaimer: This is a general discussion and not legal advice. Please see a qualified lawyer for advice specific to your situation.
The Divorce Course Podcast is hosted by mother–daughter duo Laura Furiosi and family law specialist Lyn Galvin. Together, they break down the complex world of separation and divorce into clear, practical, and empowering conversations. From property settlements and parenting arrangements to dealing with difficult exes, finances, and family court, the podcast gives listeners the knowledge, tools, and confidence to navigate divorce without feeling lost or alone.
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