Navigating the Mortgage Minefield in Divorce or De Facto Separation in Australia

Ever wondered what the deal is when it comes to mortgages during a divorce or de facto separation under Australian law? In this episode, we tackle the daunting topic head-on. Together with my mother, Lynette Galvin, a family law expert with 35 years of experience, we address commonly asked questions about mortgage responsibilities, court handling of joint mortgages, and strategies for dealing with uncooperative ex-partners before you’ve gotten your property settlement. Whether you're dealing with domestic violence, financial uncertainties, or high-conflict situations, this episode provides some insight into this complex issue within the context of Australian law. (Please always see a lawyer for independent legal advice this is just an educational discussion not legal advice)

Listen to this Episode If You:

• 😫 You're feeling overwhelmed by the idea of managing a mortgage during a divorce or separation.

• ❓ You have questions about who is responsible for paying the mortgage after separation.

• ⚖️ You want to understand how courts handle mortgages in property settlements.

• 🗣️ You're dealing with an uncooperative ex-partner regarding mortgage payments.

• 🏦 You need strategies for communicating with banks about mortgage issues.

• 🆘 You’re experiencing domestic violence and need advice on handling your mortgage.

• 📊 You’re unsure about the contributions and what counts in property settlements.

• 📈 You want to know the impact of rising property values on mortgage and divorce property settlements.

• 📝 You need clarity on consent orders and their role in property settlements.

• 🚧 You're in a high-conflict situation and need tips on maintaining boundaries.

What happens with Mortgages During Divorce & De Facto Separation?

Key Ideas in this Episode:

• 🏡 The intimidating nature of handling mortgages during divorce or de facto separation.

• ❓ Common questions about mortgage responsibilities after separation.

• 🕒 Importance of getting timely legal advice and understanding your financial situation.

• 🛡️ Strategies for dealing with mortgage payments during domestic violence situations.

• ⚖️ Different scenarios for mortgage responsibility: breadwinner vs. homemaker.

• 💼 Contributions in property settlements and what the court considers.

• 🏦 Court’s approach to handling joint mortgages during property settlements.

• 📈 Impact of rising property values on mortgage settlements and the importance of acting quickly.

• 📝 Role and process of consent orders in mortgage settlements.

• 🚧 Managing high-conflict situations and maintaining boundaries.

• 💡 Practical tips for sorting out mortgage issues promptly to avoid financial messes.

Episodes Mentioned to Listen to in this Episode:

• https://link.chtbl.com/divorcepodcastseventyfour (Selling your house during divorce or property settlement: the process, the pitfalls and solutions)

• https://link.chtbl.com/divorcepodcastninetyfive (I really really want to keep the house: general legal tips on how to achieve this goal whilst going through property settlement, divorce and de facto separation.)

• https://link.chtbl.com/divorcepodcastonehundredfour (Creative Ways to Keep your House in Divorce: out of the box thinking for your property settlement.) 

• https://link.chtbl.com/divorcepodcastonehundredfive (Financial Fairness During Divorce: A How to Guide for Spousal Maintenance & Child Support)

• https://link.chtbl.com/divorcepodcastfourteen (Child Support in Australia)

Please note that this podcast provides general education only and is not legal advice. This is just one lawyer's opinion of the family court's views in Australia. Do not base your case on anything mentioned in this episode unless it is first discussed and approved by your personal lawyer. Always seek independent legal advice, as every situation is different. By listening to this show, you are agreeing that it and the company that runs it are not liable for the outcome of your case.

 

For Full Show Notes, go to www.thedivorcecourse.com.au/blog

For more support, visit www.thedivorcecourse.com.au

 

Useful Resources:

Click here for our free before you leave checklist 

Click here for our free mediation checklist

Sign up here for our next free online webinar

Emergency Contacts:

• WOMEN'S SHELTER SERVICE 

• LEGAL AID

• Lifeline 13 11 14

• Mensline Australia 1300 789 978

• Kids Help Line 1800 551 800

• Aboriginal Family Domestic Violence Hotline 1800 019 123

• Relationships Australia 

• Police on 000

• DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill

• DV Connect Mensline on 1800 600 636

• National DV line on 1800 737 732.1800RESPECT 1800 737 732

 

Don't forget to hit SUBSCRIBE so you don't miss out on our upcoming practical steps and guidance for your divorce or de facto separation. If you found this episode helpful, please leave a rating and a review to help others. Thank you.

 

Please note that this podcast provides general education only and is not legal advice. Always seek independent legal advice, as every situation is different.