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.

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

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.

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: alex.wynn@keypointlaw.com.au

Liza Friedwald: liza.friedwald@keypointlaw.com.au

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.

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

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.

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 – alex.wynn@keypointlaw.com.au

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

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.

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

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.