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Surprising Issues that are irrelevant in divorce & separation proceedings. So you can focus all your efforts on the things your mediator, divorce lawyer or judge will actually care about.

Surprising issues that are irrelevant in divorce proceedings

 

How do you know what is important in your case? Sometimes events in your divorce journey may really upset you and you think they are important but in the end it doesn’t matter according to the family law act.  You need to know what things are not important so you can focus on the stuff that is. This helps you make sure your affidavits and documents for mediation are focusing on the important factors.  In this episode a family law accredited specialist is going to cover things you might not realise don’t actually matter in the court’s eyes. 

You Don’t Want to Miss Out On

  • Does cheating matter in the family court?
  • Does it matter if they’ve got a new boyfriend or new girlfriend during the divorce process?
  • Does it matter if the other person constantly gets the kids looked after by a babysitter?
  • What is no fault divorce?
  • What is the clause called “first right of refusal.”
  • Different routines at each house
  • The court expectations about parenting styles
  • Does the court care if you both can’t agree on ipad time, tv, bed times.
  • What does the court think about the other parent being 10 mins late for pick up and drop off etc.
  • The lazy as an argument for property settlement and what the court thinks about it.
  • What happens if your ex hasn’t done anything to support the household or family?
  • Does it matter if you did all the renovations on your joint owned house.
  • Does it matter if your ex earns more than you in property settlement and divorce?
  • If your ex brought more money into the marriage do they get more money after separation and divorce?
  • Does it matter if the family business loses money and it wasn’t your fault?
  • What happens if you had no idea what was going on in the family business?
  • Does it matter if the family business goes downhill after separation and isn’t worth anything?
  • What is a negative contribution and how does it work in divorce and property settlement?
  • What about coercive control and power imbalances in property settlement.
  • What happens if you don’t follow the judges directions?
  • What happens if you don’t file documents in time for court or mediation?
  • The Family Law Act Section 79 for marriages Section 60 for Child and Section 90 for Defacto
  • If your ex doesn’t give you disclosure what happens?
  • What is the judge's view on non-disclosure?
  • What does the judge think of people lying in family court?
  • What happens with a lying person in the witness box?
  • The domestic violence pendulum during divorce negotiations
  • What happens when you get hyper triggered during negotiations?

Please note this is general advice only. Please always seek independent legal advice as everyone’s situation is different. 

 

If this information is distressing for you or if you need support in regard to sexual assault, domestic or family violence you can call 1800 RESPECT 1800 737 732 for 24/7 phone and online services. If you, a child, or another person is in immediate danger, call 000. 

 

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Podcast Episodes that are related to this topic

DIY Disclosure Episode

Divorcing a Narcissist Episode

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Please note this is general advice only. Please always seek independent legal advice as everyone’s situation is different. 

 

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