Podcasts · The Divorce Course Podcast
4 Ways to Agree in Divorce or De Facto Separation but Only One Is Legally Binding.
· 45 min
Episode 4 Ways to Agree in Divorce or De Facto Separation but Only One Is Legally Binding.
🎧 LISTEN TO THIS EPISODE IF…
•
You and your ex wrote something down, signed it, and you think it is sorted
•
You spent a full day in mediation and signed a heads of agreement
•
You have a parenting plan sitting in a drawer and you are relying on it
•
You are about to sign something and you are not sure what it actually means
•
Your ex agreed to something and has now changed their mind
•
You want to know how to lock an agreement in so it cannot be undone
⚠️ General information only, not legal advice. Australian family law, and laws may have changed since recording. Always get your own independent legal advice.
🛟 This episode discusses coercive control, post-separation abuse and signing under duress. In danger, call 000. Support: 1800 RESPECT 1800 737 732.
⏱️ EPISODE TIMELINE
00:00 – Is Your Divorce Agreement Actually Legally Binding?
01:00 – Welcome, Legal Disclaimer & Family Violence Warning
02:00 – The Four Ways People Reach an Agreement in Divorce
03:00 – Kitchen Table Agreements: Why They Are Not Enforceable
04:00 – Your Property Pool Is Valued Later, Not at Separation
05:00 – The Lotto Case: Post-Separation Money Is Still Shared
06:30 – You Cannot Split Superannuation Without Court Orders
08:20 – Stamp Duty, Refinancing & the Exemption You Lose
11:00 – No Clean Break: They Can Always Come Back for More
12:00 – Time Limits Keep Running While You Wait
13:40 – What a Kitchen Table Agreement Is Actually Good For
15:00 – Recap: The Six Risks of a Private Divorce Agreement
16:10 – Mediation: Is a Signed Heads of Agreement Binding?
18:40 – Settler's Remorse: Why One in Five Deals Fall Over
20:00 – When Your Ex Uses Mediation to Waste Your Time
21:00 – Why Mediation Feels Official When It Is Not
23:00 – How to Prepare Before You Walk Into Mediation
24:00 – Parenting Plans: Are They Legally Enforceable?
25:00 – What a Judge Actually Does With Your Parenting Plan
26:30 – Parenting Plan or Consent Orders: How to Choose
29:00 – Coerced Into 50/50? Stepped Parenting Plans Explained
31:00 – Pressured to Sign a Plan Before They Move Out
33:30 – Consent Orders: The One Agreement That Is Enforceable
35:20 – Contravention: What Happens If They Breach the Orders
36:40 – The Disclosure Catch That Can Undo Your Consent Orders
38:00 – Why Parenting and Property Orders Stay Separate
39:20 – Rapid Fire: Fraud, Duress & Recorded Conversations
40:40 – Which Agreement Suits Your Divorce Personality Type?
42:40 – Baby Steps: Final Thoughts & Next Steps
🎧 EPISODES MENTIONED
Consent Orders or BFAs: Which Would You Choose? – https://share.google/BNQYdg1fGEoB1cD3l
📚 MENTIONED IN THIS EPISODE
Farmer & Bramley – the lottery win after separation case
Woodland & Todd – the property pool is assessed at the date of hearing
Family Law Act 1975 (Cth) s 90 – stamp duty exemption on transfers made under a court order
🔗 LINKS & RESOURCES
📞 1800 RESPECT – 1800 737 732 (24/7 DV support)
📞 Lifeline – 13 11 14
🚓 Police – 000 (immediate danger)
🌐 The Divorce Course – www.thedivorcecourse.com.au
🎓 Blog & Podcast – www.thedivorcecourse.com.au/blog
If this episode helped you understand what makes an agreement binding, please follow, rate, review and share The Divorce Course Podcast so others going through the same thing can find this information too.
Shows are listed from Apple Podcasts' charts and directory, and Podcast Index where it is used. Every show and episode belongs to its publisher and plays from the publisher's own feed; this site hosts none of them. Explicit shows are for adult profiles only, and children’s profiles hear only children’s shows. More about this list.