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 – alex.wynn@keypointlaw.com.au
• Liza Friedwald – liza.friedwald@keypointlaw.com.au

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.

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 – alex.wynn@keypointlaw.com.au

· Liza Friedwald – liza.friedwald@keypointlaw.com.au

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.

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 – alex.wynn@keypointlaw.com.au
Liza Friedwald – liza.friedwald@keypointlaw.com.au

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.