Welcome to Split Happens, where we dive into all family law matters. Hosted by Alex and Liza, two experienced professionals, the podcast offers an insightful and sometimes entertaining look at the intricacies of family law. Exploring difficult subjects involving kids, money and property, to help you navigate the complex world of family law. Join us each week as we tackle a new topic and uncover fresh perspectives on an often daunting subject.
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Alex and Liza explain the harsh realities of going to Family Court, using the 'pigs to sausages' analogy to illustrate how initial aspirations can be chewed up by the legal process. They emphasize the need for realistic expectations, seeking professional advice over emotional support, and meticulously planning your desired outcome. The discussion also covers the significant emotional and financial toll litigation takes, options like litigation funding to manage costs, and the practicalities of court procedures, delays, and post-order implementation.
Alex and Liza explore how to navigate separation without involving the courts, focusing on maintaining sanity and minimizing conflict. They discuss building a "village" of support, making practical plans, managing living arrangements when sharing a roof, and distinguishing essential needs from wants. The episode also touches on the importance of professional advice, avoiding social media pitfalls, and adopting a commercial mindset, ultimately recommending mediation and diligent implementation for a smoother transition to a new chapter.
This is an interesting episode for Alex and Liza as they discuss what happens if you are unfortunate to go through a separation later in life. First up the team will discuss the famous case of Stanford V Stanford which was decided by the High Court in 2012, this is a story that you wouldn't believe if it wasn't true. Alex and Liza also discuss the challenges and unique dynamics of people who choose to separate or divorce later in life. Whether it's seeking newfound happiness, adapting to a chang...
Hosts Alex and Liza delve into the ethical landscape of family law, explaining how practitioners must balance client wishes with their paramount duty to the court and administration of justice. They discuss the importance of full and frank disclosure by all parties, the nuances of handling serious allegations, and the challenges of confidentiality in mediation. The episode also covers conflicts of interest and the professional boundaries lawyers must maintain to uphold the integrity of the legal system.
This is another can't-miss episode of Split Happens with our hosts, Alex and Liza going down the Child Support rabbit hole. Whether you're a separated parent, a guardian, or simply interested in family law matters, this episode is a must-listen. Alex and Liza will take you through some of their own experiences dealing with Child Support matters over their careers. They have pretty much seen it all and then some. They will answer some big questions like: Who is liable to pay Child Support? What h...
Alex and Liza explore the Domestic and Family Violence Protection Act 2012 (QLD), meticulously defining diverse forms of abuse, from physical and financial to coercive control and legal system misuse. They demystify the application process for Domestic Violence Orders, explaining court procedures, conditions, and the strategic implications of DVO hearings on family law matters. Crucially, the discussion emphasizes that DVOs are merely legal documents and highlights the paramount importance of contacting emergency services and support organizations like DV Connect for immediate safety and comprehensive assistance.
Alex dusts off an old book from his shelf and takes Liza through a time-traveling look at Family Law. Our hosts will ask and answer many questions from this old book and see how Family Law has changed over the years. This is an interesting and important episode as many people would be operating under past assumptions of Family Law, Alex, and Liza in their special way will bring you "Back to the Future" and clear the fog of Family Law. If you have any further questions and want to reach out to Al...
This episode provides essential tips for those considering or undergoing separation. It emphasizes candid self-assessment regarding reconciliation, fostering direct communication, and seeking professional guidance from lawyers, accountants, and counselors. The discussion also covers sensitive topics like informing children and explores strategies to minimize legal costs, advocating for a commercial and non-adversarial approach to reach an amicable resolution.
This episode of Split Happens delves into frequently asked questions about Australian family law. Alex and Liza clarify when to finalize property settlements, explain divorce requirements, and discuss how assets are divided, emphasizing that it's not always 50/50 and future needs are considered. They also provide crucial advice on prenuptial agreements for asset protection and the importance of updating wills and enduring powers of attorney post-separation.
Navigating family law matters often leads to court as a last resort. This episode guides listeners through the Australian Federal Circuit and Family Court process, explaining essential steps like pre-action procedures, filing initiating applications, and completing crucial forms such as financial statements. It covers the stages from the first court event and interim hearings to dispute resolution via mediation, emphasizing the significant time and costs involved, and ultimately preparing for a final trial.
This episode of Split Happens delves into the intricate world of family law appeals in Australia, guided by Alex and Liza. They explain the high bar for successfully appealing a judge's discretionary decision, emphasizing the need for legal grounds beyond mere dissatisfaction. The discussion covers strict 28-day timelines, the significant costs involved, the importance of transcripts and appeal books, and the strategic legal arguments required. Listeners gain insight into how appeals are heard by multiple judges and the potential outcomes, reinforcing the necessity of early, realistic legal counsel.
Alex and Liza delve into the often-feared topic of legal costs in family law, explaining typical lawyer fees and the significant financial implications of protracted disputes. They highlight cost-saving strategies like achieving consent orders and utilizing mediation, emphasizing the importance of civility and thorough preparation. The discussion also covers the intricacies of binding financial agreements and provides practical advice for managing costs, encouraging listeners to choose settlement over costly court battles.
Alex and Liza delve into the complex issue of buyer's remorse in family law, where individuals regret financial, property, or parenting agreements post-settlement. They discuss the legal difficulties of setting aside final court orders, exploring grounds like duress, fraud, or suppression of evidence, and emphasizing the necessity of thorough due diligence and understanding all terms. The episode differentiates between flexible parenting plans and rigid parenting orders, detailing the "significant change in circumstances" required to vary the latter, and stresses the importance of proactive legal advice and communication to avoid later disputes.
This episode of Split Happens dives deep into the intricate financial issues that arise during separation, from the unexpected impact of lottery wins and inheritances on asset division to the contentious nature of family loans. Alex and Liza clarify how courts view asset wastage due to reckless conduct and discuss the significant, yet often challenging, role of domestic violence in influencing property settlements. They emphasize the importance of early legal advice to navigate these complex scenarios.
This episode delves into how lifestyle factors like new partners, sex work, and pornography influence family court decisions regarding parental fitness. Alex and Liza clarify that while private adult activities are generally not a concern, any behavior that exposes children to risk or deprives them of parental care will be scrutinized. They also discuss the critical role of drug and alcohol testing in court, explaining different methods like urine and hair follicle tests, and the challenges parents face when dealing with allegations.
This episode explores the complexities of property settlements during separation, detailing what constitutes a "just and equitable" division and when a 50/50 split is typically seen. It delves into the legal recognition of both financial and non-financial contributions, such as those made by a homemaker or parent. The discussion also covers how factors like large initial contributions, future needs, health, family violence, and other financial resources can influence the final outcome, emphasizing the nuanced nature of each case.
What are the practicalities as parenting after separation? It might not be as simple as "I'm the Mum/Dad and i want the kids". In the latest episode of Split Happens, Alex and Liza tackle the tricky issue of Parenting after Separation and discuss some of the questions that you might ask during the process. You're adult relationship with your partner might be over but you will both be parents forever and settling on the best solution is for children's benefit. Some of the questions Alex and Liza ...
In the latest episode of Split Happens we take a time out from Family Law and we dive into our hosts. Who are Alex and Liza and what makes them tick. What makes someone decide to become a lawyer? Could it be something as simple as seeing a music video as a kid and loving it so much that you decide then and there i want to emulate it? What are some of the weirder cases that our hosts have been involved in? We answer these questions and many more in the latest episode of Split Happens. If you want...
In episode 11 of Split Happens, Alex and Liza talk though Parenting Cases, Family Reports, ICLs and more. Alex and Liza will answer some of the big questions like:- What is a parenting case? Parenting Plans vs Parenting Orders New Partners Family Dispute Resolution Interim Orders vs Final Orders By answering these questions and many more you can educate yourself on what to expect from Parenting Cases. If you want to reach out to Alex or Liza you can find them on the links below Alex - https://ar...
Alex and Liza delve into family law mediation, clarifying what it entails and distinguishing it from arbitration. They discuss when mediation is appropriate, highlighting the importance of emotional readiness and financial disclosure. The episode provides practical advice on preparing for both property and parenting disputes, including tips on choosing the right mediator and managing the day itself. It underscores mediation's benefits, such as flexibility and cost-effectiveness, while also addressing the nuances of confidentiality.
Navigating separation can be overwhelming, but this episode provides a vital checklist for practical considerations. Hosts Alex and Liza discuss critical aspects like deciding who stays in the home, managing finances and essential documents, and securing digital accounts. They also emphasize prioritizing children's well-being and seeking emotional support, offering a comprehensive guide to plan your separation effectively.
This episode demystifies the Australian family law court hearing process, from preparing evidence and understanding affidavits to navigating direct and cross-examination. Alex and Liza discuss crucial rules of evidence like relevance and hearsay, and the unique considerations for digital evidence and expert opinions in child-related matters, offering practical advice for clients and lawyers alike.
Episode 7 - The Best Interest of the Children In Australia, the law prioritizes the best interests of the child when making decisions related to custody, visitation, and financial support during a divorce. The law encourages parents to work together and make arrangements that promote the child's welfare and relationship with both parents. Alex and Liza discuss the law relating to children in Australia and what happens to the children during a separation. First and foremost they will discuss the ...
This episode of "Split Happens" provides a comprehensive guide to divorce in Australia. Alex and Liza discuss crucial aspects like eligibility, separation requirements, and the no-fault system. They also differentiate between divorce and property settlement, explore costs, court processes, and the implications of children's welfare in applications, as well as the rare circumstances for an annulment.
Episode 5 - The Children Separating is stressful enough as it is without throwing the kids in the mix. In this episode Alex and Liza will discuss "the children" and how to navigate a separation when kids are involved. Many questions will need to be asked and answered but the first one should be - "Do you want them"?
This episode delves into the intricacies of the Family Law Act and the Australian court system involved in divorce. Alex and Liza explain the evolution of the Federal Circuit and Family Court, distinguishing between its divisions and the appellate process. They also discuss the roles of various court personnel, including registrars, judges, and essential external experts such as family consultants and financial advisors, emphasizing the importance of seeking comprehensive advice to navigate complex family law matters effectively.
Alex and Liza delve into the specifics of short relationships in family law, typically defined as under five years. They discuss how courts handle property division and contributions, especially when children are involved, shifting the focus to future needs. The episode also covers the complexities of financial disclosure, the role of prenuptial agreements, and essential steps to take when a short relationship ends, highlighting the strategic considerations in balancing parenting and property settlements.
Alex and Liza delve into the intricacies of property settlements in Australian family law, beginning with the crucial assessment of whether an adjustment is even necessary. They detail how the "property pool" is defined, encompassing all assets, liabilities, and superannuation, and the challenges involved in accurately valuing these items, particularly for businesses. The discussion highlights the significance of both initial financial contributions and non-financial inputs like homemaking and parenting, and how the length of a relationship can erode the weight of early contributions. Finally, the episode covers the critical stages of assessing future needs and ensuring a just and equitable outcome, emphasizing the importance of legal guidance and compromise to navigate this complex process.
Episode 1 - Relocation Cases Divorce is never easy, even when it's amicable and on this podcast our two family lawyers Alex and Liza will attempt to bring some clarity to a murky subject. In the very first episode of Split Happens, Alex and Liza discuss the minefield that can be relocation cases. They will also touch on Recovery Orders, Parenting Orders and Parenting plans.
