The Family Matters Show

This month, we replay one of our most popular episodes (second most listened in fact) which deals with the ins and outs of de facto relationships.  Ben and Heather explore a range of topics relevant to anyone in a de facto relationship, or heading into one. What is a de facto relationship? How long do you have to live together to be in a de facto relationship? How does the law decide when the de f...

When people think about separation, they often imagine conflict — lawyers on opposite sides, fighting it out on behalf of their clients. But in family law, that adversarial mindset doesn’t always lead to the best outcomes.  In this episode, Ben and Heather chat to Marius Eden from Ramsden Family Law about how strong professional relationships with "opposing" counsel can make a real diffe...

People don’t usually walk into a family lawyer’s office asking how to reflect and evolve—but in our experience, a failure to learn from past relationships is often what brings people back. Again and again. In this episode, Ben and Heather talk to Dr. Robyn Goodwin, a clinical psychologist from LSC Psychology in Sydney, to explore how to learn from broken relationships so you can move forward with...

Even for those who are relatively well-off, accessing joint assets during separation can be difficult—so where does the money come from to fund your life, legal expenses and basic needs in the meantime? Ben and Heather are joined by Amanda Kerdel from JustFund, Australia's leading provider of family law and estate finance, to discuss the options available for funding your divorce or separation...

We’re revisiting one of our most popular early episodes — Getting a Fair Property Settlement . Everyone going through a separation wants a fair outcome. The challenge is that your idea of “fair” and your ex-partner’s can be very different — and emotions or past hurts often get in the way. In this episode, family law expert Heather McKinnon shares her top tips for reaching a fair financial settleme...

With the holiday season just around the corner, we’re bringing back a very popular episode from 2022 featuring Elisabeth Shaw, CEO of Relationships Australia NSW. Elisabeth is also a highly experienced clinical and counselling psychologist, specialising in couple and family therapy, with more than 25 years of wisdom to share. In this episode, Elisabeth offers thoughtful and practical advice for an...

In this episode of The Family Matters Show, Ben and Heather answer real questions from the Coffs Coast community - questions that might be on your mind too. Can I force the sale of a jointly owned home if we’ve only lived together 18 months? What can I do if my ex is demanding too much and I can’t afford legal fees? Do we really have to split parenting time 50/50? Can I stop my ex from introducing...

Ben and Heather are joined by Craig Budden from Aussie Home Loans in Coffs Harbour to discuss the tricky business of getting finance after separation. Topic covered include: The major challenges in getting finance post-separation Credit scores: what are they and how can divorce impact on your score How to rebuild your credit score if it takes a hit after separation Do banks count child support or...

Ben and Heather talk about the contributions to a marriage that can be factored into a property settlement, focusing on the non-financial contributions which can easily be missed. Together they discuss the following: The legal definition of "contributions" Step-children - parenting and paying for other people's children Stay-at-home parents Putting a partner through education Living rent-free with...

Ben and Heather are joined by Klaudia Gebert, psychologist and founder of Self Reflection, to talk about transitioning to a single person after separation. Topics discussed include: Grieving the loss of your marriage/relationship Overcoming loneliness What people with multiple separations may be doing wrong Regaining purpose after separation Where to look for support with reinventing yourself Casu...

Ben and Heather speak to the Practice Specialist (Counselling) at Relationships Australia NSW about how to know if your relationship is salvageable. Sandra is a psychologist with a Masters in Couple and Family Therapy and years of experience in relationship counselling. She helps tease out answers to the following questions. If someone has started thinking about separation but hasn't yet spoke...

The Family Law Amendment Act 2023 was passed through parliament in October 2023 and took effect on 6 May 2024. The Act involves changes to how the Courts will make parenting orders in the "best interest of the child" and challenges the assumption of week-on week-off parenting post-separation. In this episode, Ben and Heather discuss (and sometimes debate) the need for and impact of the changes.

Ben and Heather have their eighth session answering questions from the Coffs Coast community - and there were some good ones this time.  Here are the topics covered: Can I get divorced in Australia if I married in another country? When does a de facto relationship (same-sex or heterosexual) begin from a legal perspective? Does the Family Court ever award costs to one partner if the other is being...

While the overall divorce rate in Australia is declining, there is an upward trend in divorce in couples over 50.  Ben and Heather talk about this phenomenon on this podcast and some of the unique complications that arise when calling quits on a long term relationship. Topics covered include: Why the divorce rate is rising for older Australians. Dividing assets at the end of a long term relationsh...

Ben and Heather welcome special guest forensic psychologist Dr Robert Simon from San Diego California to talk about resist/refuse behaviour in children, including the heated subject of parental alienation.  Dr Simon is a specialist in child custody matters in the United States and is renowned for his expertise in parent/child contact problems.  He provides an excellent overview of the most common...

Ben and Heather have put together a "top 10" list of mistakes people make when it comes to child custody disputes.  In this episode they explain why each of these is a mistake and what you could consider doing instead. Bad-mouthing the other parent – especially in front of your child. Trying to make your child feel sorry for you. Refusing to communicate with the other parent. Denying the...

In this episode Ben and Heather are joined by barrister Rhys O'Brien, a specialist in complex family law matters, to talk about how the Court deals with Domestic Violence (Family Violence).  They cover a wide range of topics, including the following: The difference between how a Family Law Court and a Criminal Court view domestic violence. Apprended Violence Orders (AVOs) Does there need to be...

This month Ben and Heather addressed a wide array of family law questions from the community, touching on a number of common issues faced by people going through divorce and separation. The questions included: Medical Court Orders: I have court orders giving me sole parental responsibility for my child's medical matters, but the medical centre is still allowing my ex to make decisions.  What s...

On this episode, Ben and Heather were joined by The Honourable Colin Forrest.  Now retired from the Family Court, Colin now handles mediation and arbitration in family law.  We spoke to him about the delicate subject of managing power imbalances, and potentially domestic violence situations, in mediation and arbitration sessions.  Our discussions covered the following subjects: The difference betw...

On this episode, Ben and Heather are joined by two special guests to discuss the growth of specialist Indigenous family courts, known as Indigenous List.  Retired Federal Circuit Court Judge Robyn Sexton started the very first Indigenous List in Sydney in 2014.  Rick Welsh is proud Murrawarri man and coordinator of The Shed suicide prevention centre focused on Aboriginal and Torres Strait Islander...

On this episode, Ben and Heather discuss Wills and estate planning, bringing our attention to the many things that can go wrong if you fail to keep your Will and estate plan up to date with your life circumstances, particularly following a family breakdown. They discuss the following questions and scenarios: 1/ What happens if you die without a Will? 2/ What happens if you have children from your...

This month, Ben and Heather were joined by experienced  clinical psychologist Warwick McClelland to talk about divorce and separation when children with special needs are involved.  Topics covered include: Talking to children with neurodiversity about divorce and separation. Types of living arrangements post-divorce that work best for children with special needs. How the Family Court decides paren...

This month, Ben and Heather delved into the topic of de facto relationships, answering the following questions: What is a de facto relationship? How long do you have to live together to be in a de facto relationship? How does the law decide when the de facto relationship starts and ends? What does the Court consider when deciding if a de facto relationship exists? Is it possible to be in a de fact...

Property settlement is one of the first things that separating couples need to deal with, and often one of the most emotional.  In this episode, Ben and Heather answer the top six most commonly asked questions on property settlement.  Over the years Ben and Heather have dealt with so many questions about property settlement, both in their practice and through the podcast.  They have whittled down...

Ben and Heather discuss same-sex separation together with clinical psychologist Dr. Catherine Boland.  The founder of Relationspace, a team of skilled professionals helping people going through divorce to better manage their circumstances and protect the psychological health of their children, Catherine is ideally placed to provide insights into the social science side of separation.  While Heathe...