On this podcast Ben and Heather talk about the many agencies and resources that provide free or low cost support when going through a relationship breakdown.  It's important to know there is help out there - you are not alone.

The areas covered include:

Resources to help you make the stay or go decision

Resources for people dealing with domestic violence or crisis situations

Resources for advice and assistance with family law matters

Resources for mediation and dispute resolution

Resources to help children get through separation

Be sure to check out the show notes which includes a complete listing of all the agencies and resources discussed.

This month Ben and Heather spoke with Elisabeth Shaw, CEO of Relationships Australia NSW about one of the most difficult questions couples have to answer: Should I stay or should I go? Not only is the question fraught, it bears the weight of the many lives that will be impacted by the answer.

The following questions are answered:

•What are the signs that it is time to go?

•How much should consideration for the children affect the stay or go decision?

•How to confront your partner when unhappy with your relationship.

•What are the signs that the relationship could heal?

•Is it helpful to talk to your friends about the "stay or go" decision?

•At what point should you consider professional relationship counselling?Elisabeth also provided her thoughts on the following general scenarios:

•My partner and I get along on most day-to-day issues but we differ on some of the big questions like politics and climate change which causes huge arguments sometimes.

•Our problems started when the kids reached school age. We simply can't agree on how to raise our children but we can still have fun and laugh together.

•Things are good with my partner most of the time. But I'm just not sure they are good enough.

•My partner and I get on really well when it's just the two of us. But I can't stand to be around her friends and family. They make me uncomfortable.

This month Ben and Heather had a look at the new rules governing the Federal Circuit and Family Court of Australia which merged in September 2021. While the Family Law Act has not changed, the newly merged Court has been given increased resources and has implemented new processes to speed up the Court process which has been mired in logjams for a number of years.

Ben and Heather cover off the following questions:

•Why have the Courts merged?

•How do the new Court rules actually affect separating couples who head to Court?

•How does the new "case management pathway" work?

•How has the increased emphasis on dispute resolutions impacted proceedings?

•What is the affect of additional Court resources?

•How do the new rules impact on Property Settlement disputes?

•How do the new rules impact on Children's Matters?

•How is the Court using electronic hearings to fast track proceedings?

Ben and Heather welcome special guest and child psychologist Amy Sketcher to talk about divorce and children on the spectrum. Amy practises with Seasons Allied Health in Coffs Harbour, and has many years' experience in the non-government and education sector. She works with children as well as supporting and up-skilling parents and caregivers. Topics covered include:

•The psychological and emotional difficulties that all children can suffer as a result of divorce.

•The impact of divorce on children on the spectrum - how this may impact on behaviours.

•How to differentiate between behaviours triggered by the trauma of divorce and those associated with autism.

•What parents can do to make divorce and separation easier for children on the spectrum.

•Managing a situation where one parent is in denial about an autism diagnosis.

•How to know when psychological help is needed.

•How to choose the right psychologist for your child.

This month Ben and Heather talk about family lawyers: how to choose one that's right for you and how to make sure you get the best out of the lawyer you've chosen. Collectively they deal with a wide range of questions, including:

•What is an accredited family lawyer, and do I need one?

•Can I use the same lawyer or law firm as my ex-partner?

•Do I have to pay for an initial consultation?

•Should I shop around for a family lawyer?

•What should I be looking for in a family lawyer or law firm?

•How should I prepare for an initial meeting with a family lawyer?

•What should I expect from a family lawyer and when should I think about moving on?

This month Ben and Heather step you through how to manage your own divorce and identify when you may need to seek additional legal advice.

The questions and topics covered included:

•What is divorce (legally speaking)?

•Who is eligible to divorce in Australia?

•Choose a joint or sole application?

•When do separation legally start?

•Counselling requirements if married less than 2 years.

•What does the Court look for when approving your divorce?

•What if you want a divorce but can't find you ex?

•How best to serve divorce papers on your ex.

•Signing and finalising divorce paperwork.

•What to expect in Court?

•How soon after divorce can you remarry?

•Does divorce affect parenting or property arrangements?

•When is DIY divorce a bad idea?

•Is it a good idea to DIY property and parenting arrangements?

In this episode, Ben and Heather turned their attention to money, assets, debts and the importance of financial planning during and after divorce. They were joined by financial planner Brett Martin from Harbour Wealth Management. A certified financial planner for over 12 years, Brett has been helping clients on the Coffs Coast to manage their wealth since he became principal at Bridges Financial Services in Coffs Harbour in 2011. Recently Brett has moved from under the Bridges umbrella to establish his own practice, Harbour Wealth Management.

Brett's financial planning expertise combined well with Ben and Heather's specialist family law knowledge to answer these critical questions:

•How can couples avoid disagreements about money that may eventually lead to divorce or separation?

•How best to audit and value a shared asset pool?

•How to protect your credit rating through the separation process?

•How to stay within superannuation rules when splitting super after divorce?

•Are there advantages to keeping your super intact and using other assets to balance out property settlement?

•How to manage and divide a self managed superannuation fund through separation?

•What are the tax implication to be aware of when deciding how to divide the assets after separation?

URL: https://bryantmckinnon.com.au/family-matter/property-settlements/community-questions-take-5/

In this episode Benjamin and Heather switched up the format, with each asking the other increasingly challenging questions about property settlement. It opened up so really honest conversation about the difficulties involved with property settlement specifically and separation more generally.

These two family law experts dealt with the following questions:

•The biggest mistake people make when negotiating a property settlement.

•The number one tip to avoid going to court to finalise a property settlement.

•The toughest property settlement case Heather has dealt with in her long career.

•How lawyers help people figure out what to expect in a property settlement.

•Whether it's possible to reach a settlement out of court if the separation is hostile.

•Dealing with financial imbalance in property settlement

•The pros and cons of divorce....is the whole thing worth it?

Private investigators can play a pivotal role in serving documents and collecting evidence in complex family law cases. In this episode Benjamin Bryant and Heather McKinnon from Bryant McKinnon Lawyers talk to Steve Wallis, Managing Director of SWA Recovery & Investigation Group about how private investigators work and where they can add value in family law matters.

With over 40 years' experience in investigations, Steve shared insights into a PIs day to day life and busted some of the myths about his profession. We also covered specific questions regarding how and when private investigators are able to assist family law clients and solicitors. Topics covered include:

1. The value of using private investigators to "prove" adultery.

2. How private investigators can track down missing or hidden assets.

3. How private investigators assist in domestic violence and child abuse cases.

4. How private investigators track down missing persons, including ex-partners.

5. How and when private investigators get involved in serving court documents.

To conclude the show we asked Steve to provide his best advice to anyone considering hiring a private investigator. We recommend you have a listen before investing in a PI!