Ben and Heather answer questions on divorce, separation and family law from the community. Topics covered include:

• Parental alienation and adolescence

•Consent order

•Who pays the mortgage while property settlement is completed

•Can you appeal a family law decision on mental health grounds

•Difference between a provisional, interim and final AVO

In this episode we talk about mediation: one of the biggest cost savers in the entire family law process. A successful mediation can save you the emotional and financial cost of going to court.

To get the full story on mediation, Ben and Heather spoke to eminent mediator Philip Theobold. An accredited Family Law Arbitrator, Family Dispute Resolutions Practitioner and experienced Family Law Mediator, Philip has helped many of our clients to successfully reach agreement.

Topics covered in this in this episode include:

•The meaning of mediation.

•The difference between mediation and Family Dispute Resolution.

•What happens in a mediation session.

•Confidentiality in mediation.

•Readiness for mediation.

•Court-ordered mediation.

•Choosing a mediator.

•Bringing a lawyer or support person to mediation.

Divorce and separation are almost always difficult. Throw a family business into the mix and the complexity and emotion escalate exponentially. Whether the business is big or small, a family farm or a tech start-up, operating as a sole trader, partnership or company, dividing a business asset throws up difficult questions. And of course, if both parties are reliant on the business for their livelihood and career aspirations things become even trickier.

Topics covered in this episode include:

•Entitlement to a share in the business versus direct effort put into the business

•Dealing with family businesses handed down through generations

•Valuing a business for family law purposes

•Options for dividing a business asset

•Can a Family Court judge force the sale of a business

•Can a pre-nup protect a business asset in the event of separation

In this very special episode, Ben and Heather are joined by former Family Court judge, The Honourable Rodney K Burr, to give our listeners a unique insight into what the person wielding the gavel is really thinking.

Rodney Burr brings to the show the knowledge and experience earned through an long and illustrious legal career. He is a former Justice of the Family Court of Australia, a former Chair of the Family Law Section of the Law Council, recipient of the United Nations Award for Services to the Year of the Family and a Member of the Order of Australia for services to Family Law and Children's Rights.

Ben and Heather chat to Rodney about the good and bad sides to being a Judge and then drill down into more specific topics, including:

•What to expect in Court.

•What information is important to the Judge.

•The importance of discretion in making judgements.

•The perception of Court or Judge bias.

•How decisions are made.

•Tips for self-representation.

As family lawyers, we like to see our clients re-partner and start new lives. But as blended and step families form it can raise unexpected disputes. In this episode host Benjamin Bryant chats with partner and fellow family law specialist Heather McKinnon tackle the often-difficult subject of divorce and the blended family.

Topics covered include:

•How to minimise conflict with your ex when re-partnering.

•Parenting arrangements when one spouse re-partners.

•Spousal and child support implications when one spouse re-partners.

•Shared custody arrangements with children, half-children and step-children.

•Responsibilities and rights of step-parents and step-children.

•Financial implications of a second or third divorce.

The sound quality of this month's recording is not up to our usual standard. Due to Covid-19 we have been experimenting with different methods of remote recording and the month technology failed us. Our sincere apologies.

Property settlement is one of the greatest sources of conflict in the separation process. Bryant McKinnon Lawyers always advise that it's best to figure out what you are actually worth before you start arguing over who gets what. The best way to assess the value or your assets is to employ a professional valuer.

In this episode Benjamin Bryant speaks with Ken Potter from Herron Todd White about valuing real estate and to Glenn Aylward from Aylward Auctioneering about valuing household contents.

In this special episode, family law specialist Benjamin Bryant speaks to Baringa Hospital psychiatrist Dr. Doug Andrews about how to protect your relationships and your children through these difficult days of COVID19.

This month Benjamin Bryant from Bryant McKinnon Lawyers chats with barrister Rhys O'Brien about the hazards of mixing social media and separation.

This month Benjamin and Heather fielded questions about family matters from the community. Here are the questions addressed in this podcast:

•My ex-partner and I have shared custody of our two children (ages 8 and 11). I want to take the kids back to the UK to visit with my parents and my ex is refusing to sign the passport applications and says it's a breach of our custody agreement. What can I do?

•I'm separating from my husband and would like to move to another town to have more job opportunities and be closer to family, but my husband doesn't agree with me taking the kids. Do you think it's worth going to court, or is there no chance to get a judge to support my case?

•I've been living with my partner for 15 years. We have no children and we've already agreed how to split our assets (which aren't much). I've just moved out of the rented house we've been sharing and am pretty much just getting on with my life. I read somewhere that it costs $900 to get a divorce. Do I actually have to bother with this since we were never officially married?

•I've been abused verbally by my husband for many years but I don't want to use that argument in the court as I don't want people to know about my private life. Does it make a big difference to mention these incidents in my court case when I file for divorce, to get more time with my kids?

•I've been separated for over 2 years and recently filed for a divorce. To my complete surprise my ex-wife now says she opposes the divorce and has filed a document with the court saying she's against it. What happens now? Does this mean I won't be able to get a divorce?

Heather McKinnon mines her forty years of family law experience to come up with some valuable tips on how to avoid unnecessary legal costs and minimise the financial (and emotional) cost of divorce and separation.