Official Property or Parenting Orders. Do You Really Need Them?
Listen to This Episode If You:
🏠 Are considering whether to formalize your property or parenting arrangements.
💡 Want to understand the benefits of formal orders for financial security and children's stability.
📚What to know the difference between a parenting plan and a consent order
❓ Are unsure about the process of consent orders and whether lawyers need to be involved.
🛡 Feel hesitant about escalating conflict or upsetting your ex by pursuing formal orders.
📚 Need reassurance about the steps involved in protecting your legal rights post-separation.
Key Topics Discussed in This Episode:
- What Are Property and Parenting Orders?
- Differences between informal agreements, parenting plans, and formal court orders.
- Are Formalizing agreements with consent orders crucial?
- Common Objections to Formal Orders:
- "We’ve already agreed; we don’t need anything formal."
- "It’s too expensive and time-consuming."
- "We’re amicable, so we’ll stick to our agreement."
- "I don’t want to escalate conflict or upset my ex."
- “I don’t want to go to court”
- Laura and Lyn address each objection and provide solutions.
- Risks of Avoiding Formal Orders:
- Examples of real-life cases, including the Farmer and Bramley case, where not finalizing property arrangements had disastrous consequences.
- How changes in circumstances (e.g., new partners, financial issues) can complicate informal agreements.
- The Role of Consent Orders:
- How consent orders work and why they don’t require going to court.
- The importance of having a clear, enforceable agreement for both property and parenting.
- Long-Term Benefits of Formal Orders:
- Financial protection against future claims.
- Reduced conflict through clear boundaries and responsibilities.
- Peace of mind knowing you’ve protected yourself and your family.
Links & Resources Mentioned in the Episode:
- Related Episodes:
- When Amicable Goes Wrong https://youtu.be/-qpS1hsxJ0s?si=FuwXba5pdSABjxS_
- Documenting Coercive Control https://youtu.be/SIyXCGXH5nw?si=tLl7zfkObmykhV4U
- Weapons of Tax Destruction with Pedro Marin https://youtu.be/tsDlMphLRWk?si=YNlQI1wa9PE28XoP
- Divorce Limbo https://youtu.be/RLEmGeZRvb0?si=uYlV1kfK2CdEjmqB
- How to Create Parenting Plans and Orders https://youtu.be/-DC72tq8FRM?si=LiFqoWZFNImMFA9v
- Free Resources:
- Checklist for Before You Leave https://www.thedivorcecourse.com.au/opt-in
- Word Salad Checklist https://www.thedivorcecourse.com.au/wordsaladchecklist
- Legal Cases Mentioned:
- Farmer and Bramley
- Woodland and Todd 2005
Emergency Contacts:
- WOMEN'S SHELTER SERVICE: Call 1800 811 811
- LEGAL AID: Visit Legal Aid
- Lifeline: Call 13 11 14 for 24/7 crisis support and counseling.
- Mensline Australia: Call 1300 789 978 for confidential support for men.
- Kids Help Line: Call 1800 551 800 for young people needing help.
- National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732
- Aboriginal Family Domestic Violence Hotline: 1800 019 123
- DV Connect Women’s Line: 1800 811 811
- National DV Hotline (1800 RESPECT): 1800 737 732
Disclaimer: This podcast provides general legal education and is not a substitute for independent legal advice. Always consult a qualified lawyer for guidance tailored to your situation.
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