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The Ex-Files - The Divorce and Separation Podcast

Advertise on podcast: The Ex-Files - The Divorce and Separation Podcast

This podcast has
50 episodes
Language
English
Explicit
No
Date created
2024/07/08
Latest episode
2026/08/24
Average duration
35 min.
Release period
34 days

Description

The Ex-Files: The Divorce and Separation Podcast Separation can feel overwhelming, confusing and lonely. The Ex-Files is an Australian podcast designed to help you navigate divorce, separation, parenting arrangements, property settlements and other family law issues with confidence. Hosted by experienced family lawyers Alex Wynn and Liza Friedwald, each episode explores the legal, practical and emotional aspects of separation in a way that is clear, accessible and easy to understand. We answer the questions people are often too afraid to ask, bust common myths, explain how the family law system works, and share practical tips to help you make informed decisions during one of life's most challenging transitions. Topics include: • The first steps after separation • Parenting arrangements and children's issues • Property settlements and financial separation • Divorce and de facto relationships • Family violence and safety concerns • Mediation and dispute resolution • Child support and financial obligations • Common mistakes and costly traps • Court processes and alternatives to litigation • Practical strategies to reduce conflict and move forward Whether you are considering separation, recently separated, in the middle of a dispute, or supporting someone who is, The Ex-Files provides trusted information to help you understand your rights, your options and the road ahead. Our goal is simple: to help people separate better, make informed decisions, and move forward with greater confidence and less uncertainty. New episodes released regularly. The information discussed in this podcast is general information only and is not legal advice. You should obtain independent legal advice about your own circumstances.

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Check latest episodes from The Ex-Files - The Divorce and Separation Podcast podcast


AI in Family Law: The Risks, Rules, and Reality
2026/08/24
AI can help organise information, improve communication, and reduce legal costs. But using it carelessly in a family law matter can create new problems. In this episode of The Ex-Files - The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald discuss how artificial intelligence is being used in family law, where it can be helpful and where the risks may outweigh the benefits. They explore privacy, legal professional privilege, inaccurate legal information, AI-generated documents, and the growing difficulty of establishing whether digital evidence is genuine. In this episode: • Sensible ways to use AI in a family law matter. • Organising chronologies, disclosure, and financial information. • Using AI to improve the tone of difficult communications. • The risks of uploading confidential or identifying information. • How AI use may affect legal professional privilege. • Incorrect answers based on overseas laws. • Fabricated cases, legislation and quotations. • The risks of AI-generated consent orders and financial agreements. • How secure AI tools may reduce legal costs. • Altered screenshots, photographs, PDFs, and digital evidence. • Why a reliable evidence trail is becoming more important. • What to ask your lawyer about their use of AI. Key Takeaways • AI can be a useful starting point, but it should not replace legal advice or human judgment. • Avoid uploading legal advice or confidential documents to unsecured platforms. • Always check AI-generated content before sending or relying on it. • A convincing answer may still be legally or factually wrong. • AI-generated legal documents may not reflect your circumstances. • Secure tools can help lawyers analyse documents and data more efficiently. • As digital evidence becomes easier to alter, preserving its source and history will become increasingly important. • If you do not understand your lawyer’s advice, asking them directly may be safer than uploading it to AI. Chapters 00:00 - Introduction 02:43 - AI in Legal Practice 05:09 - Sensible Uses of AI in Family Law 07:26 - Risks and Ethical Considerations 12:24 - The Human Element in Legal Practice 15:05 - Future of AI in Family Law 20:11 - Navigating AI Limitations and Risks 22:11 - The Importance of Personalised Legal Advice 23:35 - AI as a Tool for Efficiency 24:53 - Evidence Integrity in the Age of AI 30:19 - Final Thoughts Contact (Email) • Alex Wynn - [email protected] • Liza Friedwald - [email protected] Keywords AI in family law, artificial intelligence, Australian family law, divorce, separation, digital evidence, legal professional privilege, confidential legal advice, AI-generated documents, consent orders, financial agreements, financial disclosure, ChatGPT and family law Disclaimer This podcast provides general educational information only and is not legal advice. You should obtain advice specific to your circumstances before making legal or financial decisions.
How to Control Family Law Costs Without Hurting Your Case
2026/08/12
Family law can be expensive. But costs do not usually blow out because of one single event. More often, it is the accumulation of long letters, repeated emails, disorganised disclosure and fighting over issues that do not move the matter forward.   In this episode of The Ex-Files - The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald have an honest conversation about where the money goes - and what clients can do to keep their legal costs under control.   They discuss everything from hourly rates and fixed-fee packages to litigation funding, Court applications for legal fees and the financial risk of rejecting a sensible settlement offer.   In this episode, we discuss:   • Why some family law matters become unnecessarily expensive. • How “litigation by correspondence” drives up costs. • Why your lawyer does not need to respond to every accusation. • How clear instructions can reduce your bill. • Why sending disclosure in dribs and drabs costs more. • Hourly rates, capped fees, fixed fees and limited-scope work. • What may - and may not - be included in a legal package. • How to budget for the different stages of a Court matter. • Options for funding legal fees. • How family law litigation funding works. • When a party may seek access to property or a contribution towards legal fees. • How settlement offers can affect costs at the end of a case.   Key Takeaways   • Ask whether the work being done is likely to move the matter towards an outcome. • Long, aggressive letters may feel satisfying, but they rarely make settlement easier. • Organising your financial documents before sending them to your lawyer can save a considerable amount of money. • Read any fixed-fee or package agreement carefully so you understand exactly what is included. • If your matter is in Court, ask your lawyer for a stage-by-stage estimate rather than one large figure. • Litigation funding can be useful when money is tied up in property, but the interest and security requirements need careful consideration. • Sometimes the cheaper option is accepting a reasonable settlement - not spending more in legal fees trying to improve it. • A well-timed offer can help settle the matter and may become important if the Court later considers costs.   Chapters   00:00 - Introduction 01:42 - Why Legal Costs Blow Out 06:34 - Litigation by Correspondence 10:00 - What You Should—and Shouldn’t—Ask Your Lawyer to Do 12:15 - Getting Financial Disclosure Organised 16:00 - Hourly Rates, Capped Fees and Fixed Fees 20:40 - Budgeting for a Court Matter 24:58 - How People Fund Their Legal Fees 29:40 - Litigation Funding and Access to Property 34:40 - Settlement Offers and Costs Orders 38:00 - Final Thoughts   Contact (Email)   • Alex Wynn – [email protected] • Liza Friedwald – [email protected]   Keywords   family law legal costs, family lawyer fees, divorce costs Australia, separation, fixed legal fees, capped fees, financial disclosure, litigation funding, family court costs, interim property settlement, settlement offers, costs orders, mediation, Australian family law   Disclaimer   This podcast provides general information only and is not legal or financial advice. You should obtain advice about your own circumstances before making any legal or financial decisions.
Settle or Go to Court? How to Choose the Right Path After Separation
2026/08/05
Many people approach separation believing they must choose between giving in or fighting all the way to trial.   In reality, the decision to settle or litigate is rarely that simple.   In this episode of The Ex-Files - The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald discuss how to choose the right path after separation and why the best decision depends on much more than who is “right”.   They explore risk, legal costs, delay, evidence, emotional drivers, parenting relationships, family violence and the circumstances in which Court proceedings may be necessary.   In this episode, we discuss:   • Why settlement does not mean surrendering or accepting an unfair outcome. • How anger, grief and the need for vindication can influence decisions. • Why the Court may not provide the emotional validation someone is seeking. • Comparing the best and worst possible outcomes at Court. • How legal costs can change the real value of “winning”. • Why the strength of the available evidence matters. • Making firm, reasonable offers rather than extreme opening demands. • Finding the “piano” - the issue or asset that may unlock a settlement. • The effect litigation can have on a future co-parenting relationship. • Negotiation, mediation and arbitration as alternatives to trial. • When urgency, non-disclosure or a refusal to engage may make Court necessary. • Family violence, systems abuse and retaining control during negotiations.   Key Takeaways   • The right pathway is different for every family and every dispute. • A sensible decision weighs the likely result against cost, delay, stress and uncertainty. • Your best day in Court only matters if the evidence supports it and the cost of getting there does not outweigh the gain. • Litigation may permanently damage a co-parenting relationship, even if the case settles before trial. • Creative solutions can sometimes resolve disputes that percentages alone cannot. • Court may be necessary where there is urgency, serious risk, non-disclosure, persistent non-engagement or a need for enforceable orders. • Settlement remains possible throughout a case, including after Court proceedings have started.   Chapters   00:00 - Introduction 02:20 - Is Settlement or Litigation the Right Path? 04:10 - Risk Appetite and Emotional Decision-Making 06:27 - The Role of Evidence and Documentation 10:57 - Practical Strategies for Settlement and Negotiation 17:16 - Parenting Matters and Court Involvement 22:49 - Cost Analysis: Court vs. Settlement 28:07 - Alternative Dispute Resolution 32:02 - Family Violence and Court Processes 34:41 - Final Thoughts: When Court is Necessary   Contact (Email)   • Alex Wynn – [email protected] • Liza Friedwald – [email protected]   Keywords   settle or litigate, family law settlement, family court Australia, divorce, separation, Australian family law, family law litigation, mediation, negotiation, arbitration, parenting disputes, property settlement, legal costs, financial disclosure, family violence, consent orders, parenting orders, co-parenting after separation   Disclaimer   This podcast provides general educational information only and is not legal advice. You should obtain advice specific to your circumstances before making legal or financial decisions.
Can Text Messages and Social Media Hurt Your Family Law Case?
2026/07/28
A message sent in the heat of the moment can become evidence in a family law dispute. In this episode of The Ex-Files - The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald discuss how texts, emails, social media posts, photographs and other digital communications may affect parenting and property matters. They explain why context, relevance and patterns of communication matter - and why a message does not need to be openly abusive to cause problems. Repeated late-night messages, emotional outpourings, baiting and excessive communication may all influence how a person’s behaviour and capacity to co-parent are viewed. The episode also explores screenshots, private social media accounts, posting about Court proceedings, communicating about children online and the risks of entering confidential information into AI tools.   In this episode, we discuss: · When texts, emails and social media may become evidence. · Why relevance matters when relying on past communications. · How message frequency and timing may reveal a pattern of behaviour. · The risks of abusive, reactive or emotionally charged responses. · Why “private” or disappearing posts may still be captured and shared. · Posting photographs or information about children. · Restrictions on publishing information about family law proceedings. · Keeping parenting communication brief, courteous and child-focused. · The risks of sharing confidential case information with AI platforms. Key Takeaways   · Write for the future reader. · The pattern can matter more than one message. · Private does not mean protected. · Do not try to win the argument by text. · Keep communication practical. Chapters 00:00 - Introduction 02:09 - The Importance of Communication in Family Law 03:24 - What Not to Do: Texts and Social Media 09:37 - The Role of Emotions in Communication 11:13 - Patterns of Communication and Coercive Control 16:30 - Legal Implications of Public Communication 17:38 - Navigating Social Media in Family Law 20:28 - The Impact of Digital Footprints on Relationships 23:36 - The Role of Evidence in Family Law 25:50 - Balancing Communication: Under and Over 30:20 - AI in Legal Communications and Final Thoughts Contact (Email) • Alex Wynn – [email protected] • Liza Friedwald – [email protected] Keywords family law Australia, text messages as evidence, social media and family law, communication after separation, parenting disputes, co-parenting communication, family law mistakes, screenshots as evidence, abusive text messages, reactive messages, social media after separation, divorce and separation podcast, Australian family lawyer Disclaimer This podcast provides general information only and is not legal advice. Obtain advice from a suitably qualified lawyer about your situation.
What Actually Happens at Mediation?
2026/07/22
Many people assume mediation is an informal discussion where a mediator decides who is right. In reality, mediation is a structured negotiation in which the parties retain control over whether they reach an agreement and what that agreement looks like. In this episode of The Ex-Files – The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald explain what happens at family law mediation, how to prepare and why it can be valuable in parenting and property matters. In this episode, we discuss: ·       What a mediator can and cannot do. ·       Mediation in parenting and property disputes. ·       Choosing a mediator. ·       Preparing disclosure, valuations and realistic offers. ·       Family violence, coercive control and financial abuse. ·       Why aggressive position papers may undermine negotiations. ·       Moving beyond fixed positions to practical outcomes. ·       Partial settlements, parenting plans and interim arrangements. ·       What happens if mediation does not resolve everything. Key Takeaways ·       A mediator facilitates negotiation but does not impose an outcome. ·       You cannot be forced to accept a proposal and may request a break or end the process. ·       Preparation matters: understand the issues, exchange important disclosure and identify the gap between the parties. ·       Tell the mediator about safety concerns, family violence or power imbalances during intake. ·       Even if every issue is not resolved, narrowing the dispute can reduce future cost and conflict. ·       Bring food and drinks to help you stay focused during what can be a demanding day. Chapters 00:00 - Introduction and Disclaimer 02:41 - Understanding the Mediation Process 05:28 - The Role of the Mediator 07:41 - Preparation for Mediation 11:16 - Navigating Challenges in Mediation 13:58 - Safety and Emotional Support 16:14 - Mediation Intakes 18:49 - The Role of Position Papers 21:52 - Effective Communication 23:47 - Negotiation Strategies 27:11 - Parenting Mediation Challenges 30:41 - The Importance of Preparation 31:45 - Final Takeaways Contact (Email) ·       Alex Wynn – [email protected] ·       Liza Friedwald – [email protected] Keywords family law mediation, family dispute resolution, divorce mediation, separation, parenting mediation, property settlement mediation, shuttle mediation, without prejudice, confidential negotiation, family violence, coercive control, financial abuse, parenting plans, consent orders, settlement offers, family court Australia Disclaimer This podcast provides general educational information only and is not legal advice. You should obtain advice specific to your circumstances before making legal or financial decisions.
Separated Under One Roof: What You Need to Know
2026/07/14
Many people assume separation only begins when someone moves out. However, Australian family law recognises that a couple can be separated while continuing to live in the same home. In this episode of The Ex-Files – The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald explain what separation under one roof means, why former couples may remain living together, and how to create a clear record that the relationship has ended. They discuss divorce requirements, disputed separation dates, property settlement time limits, shared expenses, evidence, children, safety and practical steps to protect your position. In this episode, we discuss: • What “separated under one roof” means in Australian family law. • Why housing costs, finances or parenting may keep former couples in the same home. • Why separate bedrooms, bank accounts or a lack of intimacy are not decisive on their own. • How clear communication, public presentation and the overall relationship may affect the separation date. • Evidence that may help prove separation, including messages, records and affidavits. • The 12-month separation requirement for divorce and the additional evidence that may be required. • Why the separation date matters for de facto property settlement time limits. • Managing the mortgage, bills, shared expenses and financial documents. • When tension or safety concerns mean living under one roof is no longer appropriate. • Practical updates involving Centrelink, tax, schools, medical providers, wills and enduring powers of attorney. Key Takeaways • You do not need to live in separate homes to be legally separated. • Separation does not need to be mutual, but it should be clearly communicated. • No single fact proves separation. The Court considers the relationship as a whole. • Keep contemporaneous records of household, financial and communication arrangements. • Collect relevant financial documents while you still have lawful access to them. • Safety and children’s wellbeing should come first where there is abuse, risk or escalating conflict. • Early legal advice can help preserve evidence and clarify your next steps. Chapters 00:00 - Introduction and Disclaimer 01:14 - Understanding Legal Separation 03:52 - Navigating Practical Necessities 06:32 - Important Time Limits 08:22 - Proving Separation 15:49 - Legal Considerations and Documentation 22:30 - Final Thoughts Contact Alex Wynn – [email protected] Liza Friedwald – [email protected] Keywords separated under one roof, separation under one roof Australia, living together after separation, separated but living together, Australian family law, divorce Australia, proof of separation, date of separation, de facto separation, property settlement time limit, shared mortgage after separation, parenting after separation, Centrelink separation, Family Court Australia Disclaimer This podcast provides general educational information only and is not legal advice.
What Judges Look for in Parenting Cases
2026/07/01
Many parents come to Family Court thinking the Judge will focus on every complaint they have about the other parent. In reality, Judges are usually looking at something very different. In this episode of The Ex-Files - The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald discuss what Judges look for in parenting cases and why the Court’s focus is not on scoring points, proving who is the “better” parent, or revisiting every disagreement from the relationship. They explain how parenting cases are approached through the lens of the child’s best interests, including safety, practicality, risk, credible evidence, decision-making and the importance of keeping children out of parental conflict. In this episode, we discuss: • Why what matters to a parent may not be what matters to a Judge. • Why equal shared time is not automatic. • The importance of safe, practical and sustainable parenting arrangements. • Why parenting cases are not about scoring points. • Risk allegations, notices of risk and the need for evidence. • How child-focused behaviour can help in parenting proceedings. • Why children should not be interrogated, coached or made to keep secrets. • Credibility, consistency and avoiding exaggeration in affidavit material. • Decision-making responsibility when parents cannot communicate. • Family Reports, Independent Children’s Lawyers and the influence they can have. • Why micromanaging the other household may not help your case. Key Takeaways • The Court is focused on the child’s best interests, not every parenting disagreement. • Equal time is not the automatic starting point. • Parenting arrangements need to be safe, practical and realistic. • Judges look closely at whether parents are genuinely child-focused. • Badmouthing the other parent, withholding children or involving children in conflict can be damaging. • Evidence should be consistent, relevant and supported by independent records where possible. • Risk allegations should be handled carefully and not exaggerated. • Family reports and ICLs can be important, but they are not perfect processes. • Parents have responsibilities, and children have rights. • A strong parenting case is practical, reasonable, evidence-based and focused on the child rather than the conflict. Chapters 00:00 - Introduction and Overview 04:25 - Best Interests of the Child and Practical Parenting Arrangements 09:23 - Risk Allegations and Evidence 16:09 - Child-Focused Behaviour and Co-Parenting 21:54 - Credibility, Evidence and Decision-Making 27:07 - Family Reports, ICLs and Final Considerations Contact (Email) • Alex Wynn – [email protected] • Liza Friedwald – [email protected] Keywords parenting cases, parenting orders, family law, divorce, separation, Australian family law, Family Court parenting matters, best interests of the child, child-focused parenting, parenting disputes, equal time, decision-making responsibility, family reports, Independent Children’s Lawyer, ICL, notice of risk, family violence, risk allegations, co-parenting, parenting arrangements, family court Australia Disclaimer This podcast provides general educational information only and is not legal advice. You should obtain advice specific to your circumstances before making legal or parenting decisions.
Inside the Family Court Process: What Really Happens After You File
2026/06/23
Many people assume that once they file in the Family Court, a judge will simply hear both sides and make a decision.   The reality is very different.   In this episode of The Ex-Files – The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald explain what actually happens after court proceedings begin and walk through the Family Court process from start to finish.   Using the Federal Circuit and Family Court of Australia's Central Practice Direction as a guide, they discuss the key stages of a family law case, including pre-action procedures, interim hearings, mediation, compliance hearings and final trials.   Whether you're involved in a parenting dispute, a property settlement, or both, this episode provides a practical roadmap of what to expect and how to avoid some of the common mistakes that increase costs, delay and stress.   In This Episode   • Why the Court expects parties to try to resolve disputes before filing proceedings. • Parenting and property pre-action procedures. • Section 60I Certificates and Genuine Steps Certificates. • Interim applications and urgent court orders. • Affidavits, questionnaires and evidence requirements. • What happens at the first court event. • Interim hearings and directions hearings. • Family Dispute Resolution and Conciliation Conferences. • Compliance and Readiness Hearings. • Preparing for trial. • What happens at a final hearing. • Reserved judgments and final orders. • Practical ways to reduce costs and focus on the issues that matter.   Key Takeaways   • Court should generally be a last resort, not the first step. • Parties are expected to genuinely attempt resolution before commencing proceedings. • Interim hearings deal with urgent issues, not the entire case. • Good preparation can reduce costs, delays and stress. • Case outlines help identify the real issues in dispute. • Court-led mediation can provide valuable reality checks. • Compliance with court orders is critical. • Understanding the process helps you make better decisions throughout your matter.   Chapters   00:00 – Introduction 01:05 – What Is the Central Practice Direction? 05:50 – Pre-Action Procedures Explained 10:50 – Filing Court Proceedings 20:45 – Interim Hearings 25:00 – Mediation and Conciliation Conferences 28:45 – Compliance and Readiness Hearings 31:45 – Preparing for Trial 37:00 – Final Hearings and Judgment 40:50 – Practical Lessons for Separating Families   Contact Alex Wynn: [email protected] Liza Friedwald: [email protected]   Keywords   family court process, family law Australia, family court Australia, FCFCOA, parenting proceedings, property settlement, interim hearing, mediation, conciliation conference, section 60I certificate, family lawyer, divorce, separation, parenting dispute, family law litigation, trial preparation, Australian family law   Disclaimer This podcast provides general educational information only and is not legal advice. You should obtain advice specific to your circumstances before making legal or financial decisions.
From Negotiation to Court: The Step-by-Step Family Law Pathway You Should Follow
2026/06/16
Many people think the hard part of a property settlement is reaching an agreement. In reality, reaching an agreement is often only the beginning.   In this episode of The Ex-Files – The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald discuss what happens after the negotiations end and why properly formalising a property settlement is one of the most important steps in the entire process.   They explain the different pathways available to separating couples, including negotiation, mediation, consent orders, binding financial agreements and litigation.   In this episode, we discuss:   • Why reaching an agreement is not the end of the property settlement process. • The different pathways available for resolving property matters. • Negotiation, mediation and family dispute resolution. • Consent Orders and when they may be appropriate. • Binding Financial Agreements and the risks of getting them wrong. • The Priority Property Pool process for smaller asset pools. • When litigation may become necessary. • Why informal agreements can unravel. • The importance of properly formalising a settlement. • The impact of family violence and financial abuse in property matters. • Practical steps to take before agreeing to any settlement proposal.   Key Takeaways   • Reaching an agreement is only the starting point — it still needs to be properly documented. • Informal agreements, emails and handshake deals may not provide legal protection. • Understanding the available settlement pathways can help reduce cost, delay and conflict. • Consent Orders and Binding Financial Agreements each have advantages and limitations. • Full and frank financial disclosure remains essential throughout the process. • Gathering the right documents early can save significant time and legal costs. • Family violence and financial abuse may be relevant considerations in property settlements. • A property settlement is not finalised until it is properly formalised and implemented.   Chapters   00:00 - Introduction 00:31 - Understanding the Property Settlement Journey 01:16 – Negotiating Agreements Post-Separation 02:29 - Formalising Agreements and Negotiation Strategies 06:56 - Mediation as a Pathway to Resolution 13:06 - Court Orders vs Financial Agreements 19:52 - Litigation as a Last Resort 24:29 – Recap and Final Thoughts   Contact (Email)   • Alex Wynn – [email protected] • Liza Friedwald – [email protected]   Keywords   property settlement, family law, divorce, separation, Australian family law, consent orders, binding financial agreements, BFA, mediation, family dispute resolution, financial disclosure, property division, superannuation splitting, financial abuse, family violence, property settlement process, separation advice, family court Australia   Disclaimer   This podcast provides general educational information only and is not legal advice. You should obtain advice specific to your circumstances before making legal or financial decisions.
The Biggest Property Settlement Mistakes
2026/06/08
Many of the most expensive mistakes in family law happen after people think they have already reached an agreement.   In this episode of The Ex-Files – The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald discuss the biggest property settlement mistakes people make after separation and how those mistakes can affect their financial future.   They explain why informal agreements can unravel, why disclosure is critical, how valuation and tax issues are often overlooked, and why understanding the legal framework before negotiating can save significant time, stress and money.   Whether you are considering a property settlement, negotiating an agreement, or have already reached an informal arrangement, this episode provides practical guidance on avoiding some of the most common and costly mistakes.   In this episode, we discuss:   • Why delaying a property settlement can create significant legal risks. • Time limits for married and de facto couples. • The dangers of handshake deals and informal agreements. • Why property settlements should be properly documented. • The importance of full and frank financial disclosure. • What happens when assets, liabilities or financial resources are overlooked. • Common mistakes involving valuations, capital gains tax and superannuation.   Key Takeaways   • A property settlement is not a conversation – it is a legal outcome. • Time limits apply and missing them can create significant complications. • Informal agreements may not be legally enforceable. • Full and frank financial disclosure is essential and ongoing. • Property pools can be hard to get right. • Valuation, taxation and superannuation issues can significantly affect outcomes. • Obtaining legal advice before signing an agreement can help avoid costly mistakes. • Properly documenting an agreement is critical to achieving finality.   Chapters   00:00 – Introduction 01:57 – Common Mistakes in Property Settlements 08:55 – The Importance of Formal Agreements 14:27 – The Necessity of Full Disclosure 19:57 – Understanding the Property Pool 23:51 – Valuation Challenges in Property Settlements 25:40 – Bad Maths   Contact (Email)   • Alex Wynn – [email protected] • Liza Friedwald – [email protected]   Keywords   property settlement, family law, divorce, separation, Australian family law, property settlement mistakes, consent orders, binding financial agreements, financial disclosure, family violence, financial abuse, superannuation splitting, capital gains tax, asset division, property pool, family court, separation advice, family law Australia   Disclaimer   This podcast provides general educational information only and is not legal advice. You should obtain advice specific to your circumstances before making legal or financial decisions.
How Property Settlement Actually Works in Australia
2026/06/01
One of the biggest myths in family law is that property settlements are automatically divided 50/50 after separation. In this episode of The Ex-Files – The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald explain how property settlement actually works in Australia and why every case is different. They break down the four-step process used by the Family Court, including how assets and liabilities are identified, how contributions are assessed, the role of future needs, what justice and equity means, and how recent changes to the Family Law Act have increased the recognition of family violence in property matters. Whether you're starting a property settlement or already negotiating one, this episode provides a practical overview of the principles that guide family law property outcomes. In this episode: • The myth of automatic 50/50 property settlements • What forms part of the property pool • Assets, liabilities, superannuation, trusts and financial resources • Financial and non-financial contributions • Initial contributions and relationship length • Future needs and earning capacity • Family violence and recent legislative changes • The role of children in property settlements • The "just and equitable" requirement • Why every property settlement outcome is different Key Takeaways • Property settlements are not automatically divided 50/50 • Contributions include financial, non-financial, homemaking and parenting contributions • Future needs can significantly affect outcomes • Family violence is now expressly recognised in property settlement considerations • Every case depends on its own facts and circumstances • Early legal advice can help avoid costly mistakes Chapters 00:05 – Introduction to Property Settlements 01:46 – Understanding Property Pools 04:36 – Contributions in Property Settlements 09:25 – Future Needs and Property Settlements 15:52 – Health, Age and Financial Outcomes 18:27 – The Impact of Children 19:53 – Just and Equitable Outcomes 23:00 – Practical Next Steps Resources • Federal Circuit and Family Court of Australia (Family Law) • Family Law Property Changes (10 June 2025) Fact Sheet Contact Alex Wynn – [email protected] Liza Friedwald – [email protected] Keywords property settlement, family law, divorce, separation, Australian family law, asset division, property pool, contributions, future needs, family violence, superannuation splitting, financial resources, family court Disclaimer This podcast provides general educational information only and is not legal advice. You should obtain advice specific to your circumstances before making legal or financial decisions.
What to Do in the First 30 Days After Separation
2026/05/25
Separation can feel overwhelming — especially in the first few weeks when emotions, parenting concerns, finances and practical decisions all collide at once.   In this new episode of The Ex-Files - The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald discuss the most important things to focus on in the first 30 days after separation.   They cover practical safety considerations, communicating with children, protecting important financial information, managing conflict, and the legal mistakes people commonly make early after separation.   This episode is designed to provide calm, practical guidance for people navigating one of the most difficult periods of their lives.   In this episode, we discuss: • What to do immediately after separation. • Safety and family violence concerns. • Separation under one roof. • Protecting financial information and important documents. • Parenting and supporting children through separation. • Property settlement considerations. • When to seek legal advice. • Common mistakes to avoid in the early stages.   Key Takeaways • Prioritise safety for yourself and your children. • Avoid making major legal or financial decisions in the heat of emotion. • Gather important financial and personal documents early. • Keep children out of adult conflict wherever possible. • Good early advice can help prevent expensive mistakes later.   Chapters 00:05 – Introduction to The Ex-Files 01:07 – Navigating the First 30 Days of Separation 02:24 – Safety and Practical Considerations During Separation 06:35 – Stabilizing the Situation for Children 09:51 – Understanding the Grief Cycle in Separation 11:31 – Financial Preparations for Separation 15:07 – Legal Aspects of Divorce and Separation 16:59 – Navigating Separation Under One Roof 19:32 – The Importance of Legal Advice During Separation 23:31 – Understanding Power Dynamics in Relationships 24:53 – Addressing Family Violence and Safety Concerns 28:45 – What Not to Do After Separation 31:33 – Planning for the Future Post-Separation   Resources • 1800RESPECT – https://www.1800respect.org.au • Federal Circuit and Family Court of Australia (Family Law section) - https://www.fcfcoa.gov.au/fl • Services Australia – https://www.servicesaustralia.gov.au   Contact (Email)   • Alex Wynn – [email protected] • Liza Friedwald – [email protected]   Keywords family law, separation, divorce, Australian family law, parenting arrangements, property settlement, separation advice, first 30 days after separation, family violence, children and separation, legal advice, separation under one roof   Disclaimer This podcast provides general educational information only and is not legal advice. You should obtain advice specific to your circumstances before making legal or financial decisions.
Property Settlement: Part 2 – Delays, Disputes & Disasters
2025/05/26
In Part 2 of this deep dive into Property Settlements, Alex and Liza explore the cases that drag on... and on… and on. From high-conflict couples and judicial missteps to multi-jurisdictional property battles and sham trusts, this episode is a guided tour of what not to do if you want to settle your property dispute efficiently. Topics include: The real timeline of a property case (hint: it's rarely 9 months)The infamous Stanford v Stanford and why courts ask: “Should we even divide anything?”Bevan v Bevan and Liza’s own jaw-dropping 26-year delay storyWhat happens when one party hides money, moves assets, or just refuses to cooperateWhy family trusts, forensic accountants, and third-party players can blow things upThe hidden cost of delays: financially, emotionally, and legallyWhen a judge gets it wrong, and what that means for your caseIf you're wondering why your matter isn’t moving—or want to avoid becoming a cautionary tale—this episode is a must-listen. Tune in now for the courtroom chaos, lawyer banter, and the lessons you can actually use. Contact Alex and Liza: 📧 Alex Wynn – [email protected] 📧 Liza Friedwald – [email protected] 🔗 Follow us on Facebook
Property Settlement: How to Skip the Queue and Get It Done
2025/05/19
Property settlements can be slow, frustrating, and emotionally exhausting, but they don’t have to be. In this episode, Alex and Liza dive into the most common delays, mistakes, and pain points that get in the way of a fast and fair outcome, and how you can avoid them. Whether you're dealing with hidden assets, emotional roadblocks, or just waiting in the court queue, this episode gives you the insider knowledge you need to speed things up and stay on track. You’ll hear about: The biggest delays in property matters (spoiler: it’s often disclosure)Why “just wanting it to be fair” can actually slow everything downHow grief, anger, and denial derail otherwise simple negotiationsThe reality of court delays and how long it really takes to get a trial dateWhy arbitration might be a faster (and smarter) alternativeWhy involving third parties can be more trouble than it's worthThe importance of legal advice, even before you think you need itWhether you’ve just separated or you’ve been stuck in a property dispute for months, this episode will help you understand what’s going wrong and how to fix it. 🎧 Tune in now and get your property settlement moving. Contact Alex and Liza: 📧 Alex Wynn – [email protected] 📧 Liza Friedwald – [email protected] 🔗 Follow us on Facebook #TheExFilesPodcast #PropertySettlement #FamilyLaw #DivorceSupport #LegalAdvice #SeparationTips #DisclosureMatters #AvoidCourtDelays #MediationMatters #FinancialSeparation
Surviving Separation: A Dad's Guide to Family Law
2025/05/12
In this special episode of The Ex Files, Alex takes the reins to walk Dads through the Top 10 Tips for Surviving Divorce and Separation. Joined by producer Matt, Alex shares personal insights and a bit of humour as he lays out the roadmap for dads navigating the emotional and legal complexities of family breakdowns. In this episode, Alex covers: Put Your Oxygen Mask On First: Why looking after your own mental and physical health is crucial for your kids.Be Organised: The power of lists, calendars, and decluttering your life during separation.Plan for the Future: Setting goals, building financial stability, and thinking long-term.Communicate Effectively: How to stay calm, respectful, and focused when communicating with your ex.Stay Involved: Why being present in your kids’ lives—school events, sports, and daily routines—matters more than ever.Expect the Unexpected: Navigating surprises like protection orders or sudden changes with grace.Find the Right Lawyer: Why choosing the right legal representation is a game-changer.Ask for Help: Breaking the stigma around seeking support, both emotionally and practically.Educate Yourself: The value of parenting courses, financial planning, and understanding family law.Don’t Panic: How to stay grounded when things get overwhelming, with a little help from Winston Churchill.Whether you're at the beginning of your journey or right in the middle, these 10 tips are designed to give you clarity, confidence, and practical steps to move forward. Tune in now for enlightening discussions and real-world strategies that make a difference. Contact Alex and Liza: 📧 Alex Wynn – [email protected] 📧 Liza Friedwald – [email protected] 🔗 Follow us on Facebook #TheExFilesPodcast #DadsDivorce #FamilyLaw #ParentingAfterSeparation #CoParentingTips #FatherhoodMatters #DivorceSupport #LegalAdvice #SeparatedDads #FamilyLawMatters

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