Episode Details

• 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.

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

Consent Orders or BFAs: Which Would You Choose? – https://share.google/BNQYdg1fGEoB1cD3l

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

📞 1800 RESPECT – 1800 737 732 (24/7 DV support)

📞 Lifeline – 13 11 14