Episodios

  • When Financial Information Is Hidden in a Divorce
    Mar 13 2026
    Money can become one of the most confusing and confronting aspects of separation and divorce.In this episode of Dear Divorce Diary, family law experts Darren Mort (Family Law Barrister) and Joplin Higgins (Family Law Solicitor) unpack the importance of financial literacy when navigating property settlements.They explore why many people (particularly women) enter divorce proceedings with little understanding of their financial position, and why gaining clarity around assets, debts, and superannuation is critical before negotiating a settlement.From balance sheets and disclosure obligations to mediation preparation and superannuation splits, this episode provides practical insights into how financial transparency shapes fair outcomes in family law matters.What Is Financial Literacy in Divorce?Darren and Joplin begin by explaining the concept of financial literacy and why it becomes a critical issue during separation.Many people move through relationships with one partner managing most of the finances, which can leave the other partner unaware of:Bank accountsDebtsInvestmentsSuperannuationLoans or liabilitiesWhen separation occurs, this lack of awareness can create significant stress and uncertainty.The Balance Sheet: Understanding the Asset PoolOne of the first steps in a property settlement is creating a balance sheet that lists the entire financial position of the relationship.This typically includes:Real estate and propertyBank accountsCredit cards and loansSuperannuationShare portfoliosVehicles, boats or other major assetsJoplin explains that many clients are surprised by what appears on the balance sheet, particularly when they discover debts or accounts they didn’t know existed.When Financial Information Is HiddenDarren and Joplin discuss situations where one partner restricts access to financial documents or accounts.Examples may include:Locked financial recordsUnexplained bank transfersUnknown credit cards or debtsLimited access to financial information during the relationshipWhile this behaviour does not always amount to financial abuse, it can sometimes indicate controlling or obstructive behaviour that may become relevant in legal proceedings.Understanding Superannuation in DivorceSuperannuation is often one of the largest assets in a marriage, yet many people know little about how it works in property settlements.Darren and Joplin discuss:Obtaining accurate superannuation balancesUsing court forms to request updated super informationThe difference between standard funds and defined benefit schemesDefined benefit funds—often found in sectors such as police, defence, or emergency services—can require special valuation methods.The Role of Consent OrdersIf an agreement is reached, it can be formalised through Consent Orders, which are submitted to the court for approval.The court must determine whether the agreement is “just and equitable” before making it legally binding.This ensures that property settlements reflect a fair division of assets and liabilities.This episode highlights the critical importance of understanding your finances during a relationship and particularly during separation.Important lessons include:Know your financial positionMaintain access to financial recordsUnderstand your assets and liabilitiesSeek legal advice before negotiating settlementsEnsure agreements are properly documented and approved by the courtFinancial literacy can significantly impact the fairness, efficiency, and outcome of divorce proceedings.Follow & SubscribeIf you’re navigating separation, parenting arrangements, or family court processes, Dear Divorce Diary offers real conversations and practical insights from experienced family law professionals.Follow, like, and subscribe to stay up to date with upcoming episodes featuring Darren Mort (Family Law Barrister) and Joplin Higgins (Family Law Solicitor).Real law. Real families. Real conversations.Subscribe, listen, learn — and know that you’re not alone. Hosted on Acast. See acast.com/privacy for more information.
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    15 m
  • Breaking Family Court Orders: The Consequences Parents Don’t Expect
    Mar 13 2026
    What happens when someone simply ignores Family Court orders?In this episode, Darren and Joplin unpack one of the most frustrating situations in family law: when a parent refuses to comply with parenting orders or consent orders. They discuss what the law says, what practical options exist for the parent doing the right thing, and why non-compliance can create serious consequences - particularly for children caught in the middle.The conversation also explores whether the current legal tools for enforcing orders are effective, and why some legal processes may be more costly and time-consuming than people expect.Darren and Joplin cover a wide range of issues surrounding breaches of Family Court orders, including:What court orders actually meanWhy parenting orders and consent orders are legally bindingThe expectation that court orders must be followedThe consequences when someone deliberately ignores themWhat to do when orders aren’t followedThe typical first step: lawyers sending formal letters requesting complianceWhen and how a contravention application may be filedWhy these applications can become complex and expensiveContravention proceedings explainedHow these matters are treated as civil proceedings with potential criminal sanctionsThe steps involved, including mediation and court processesWhy Darren believes contravention applications are sometimes ineffectiveAlternative approachesWhy enforcement proceedings may sometimes be a faster or more flexible optionHow courts may address repeated breaches or ongoing conflictThe Impact on ChildrenA key theme in the discussion is how non-compliance with court orders affects children.Darren and Joplin discuss:The emotional pressure placed on children when parents refuse to cooperateHow children may feel caught between parentsWhy compliance with orders is essential for maintaining stability in children’s livesThey also explore the difficult situations that arise when teenagers begin expressing their own preferences about time with each parent.When Kids Get OlderAs children move into their teenage years, family dynamics can change.Topics discussed include:Whether parenting orders should remain rigid when children are olderThe growing importance of a child’s voice in family law mattersHow parents can responsibly communicate about changing needs and schedulesThe Role of MediationThroughout the episode, Darren and Joplin emphasise the value of mediation as a tool for resolving disputes.They discuss:When mediation may help resolve parenting issues before returning to courtChild-inclusive mediation and how it can help give children a voiceThe importance of parents being willing to listen and compromisePractical Parenting InsightThe episode concludes with a discussion about maintaining meaningful relationships with children in separated families.Darren shares the value of spending one-on-one time with children, allowing parents to better understand:How their children are feelingTheir evolving needs and social livesHow parenting arrangements are working from the child’s perspectiveCourt orders exist to provide clarity, structure, and stability for families after separation. When those orders are ignored, it can lead to costly legal battles and emotional strain—particularly for children.As Darren and Joplin highlight, the best outcomes usually come when parents communicate openly, remain child-focused, and use mediation wherever possible.Follow & SubscribeIf you’re navigating separation, parenting arrangements, or family court processes, Dear Divorce Diary offers real conversations and practical insights from experienced family law professionals.Follow, like, and subscribe to stay up to date with upcoming episodes featuring Darren Mort (Family Law Barrister) and Joplin Higgins (Family Law Solicitor).Real law. Real families. Real conversations.Subscribe, listen, learn — and know that you’re not alone. Hosted on Acast. See acast.com/privacy for more information.
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    13 m
  • Do Grandparents Have Rights? The Truth the Family Court Wants You to Know
    Jan 21 2026

    In this deeply insightful episode of Dear Divorce Diaries, family law barrister Darren “Daz” Mort and solicitor Joplin “Jop” Higgins tackle one of the most emotionally charged and misunderstood topics in family law: the role of grandparents after separation.


    Prompted by a wave of listener questions, Daz and Jop unpack the common misconception that grandparents have “rights” in the family law system — and explain why, legally, all rights belong to the child.


    What grandparents do have, however, are responsibilities, and in many cases a profoundly important role in a child’s emotional stability, routine and sense of belonging.


    The conversation explores:

    • When and how grandparents can seek time with their grandchildren
    • Why courts often support ongoing grandparent relationships
    • The impact of separation, anger and grief on extended family bonds
    • When grandparents should consider mediation or court applications
    • The long-term consequences of cutting children off from loving grandparents


    Through real-world examples — from after-school care to funerals, cultural traditions and long-distance relationships — this episode highlights how decisions made in moments of hurt can echo well into a child’s future.


    As always, the focus remains firmly on the child’s best interests, encouraging parents and grandparents alike to look beyond conflict, prioritise perspective, and keep their eyes on the road ahead rather than the rear-view mirror.


    A must-listen for grandparents, parents, and anyone navigating separation with children involved.


    Why This Episode Matters

    Whether someone is just contemplating separation or deep into negotiations, this episode offers a grounded, compassionate look at what the process actually feels like — beyond forms and courtrooms. The blend of legal insight and emotional awareness helps listeners feel equipped, not overwhelmed, by the road ahead.


    And because no two separations look the same, you can be part of the conversation.

    Listeners are invited to submit their questions for Daz & Jop, with future episodes dedicated to answering real experiences, real challenges and real concerns from the people who need guidance most.

    Whether you’re contemplating separation, navigating court, co-parenting, or simply trying to put your children first through the uncertainty — The Dear Divorce Diary Podcast offers steady, professional guidance to help reshape the path ahead.


    Real law. Real families. Real conversations.


    Subscribe, listen, learn — and know that you’re not alone.

    Hosted on Acast. See acast.com/privacy for more information.

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    15 m
  • Trauma-Informed Family Law: Why Your Lawyer Needs to Understand Your Pain
    Jan 20 2026

    In Episode 6 of Dear Divorce Diaries, Darren “Daz” Mort and Joplin “Jop” Higgins dive into a topic that is often misunderstood and frequently misused in family law — trauma-informed practice.


    Daz & Jop explain why this term is not just a trendy buzzword, and why many lawyers and judicial officers may not truly understand what it means in practice. Joplin, a recognised expert in the field and author of a book on trauma-informed practice, explains how lawyers and courts must ensure they do not re-traumatise clients during the legal process.


    The episode explores the practical application of trauma-informed approaches in family law. Joplin describes strategies used in her firm to create a safe environment, including:

    • weighted blankets and heat packs
    • stress balls
    • massage chairs
    • structured communication strategies (urgent vs non-urgent emails)
    • pre-conference forms to avoid repeatedly asking clients to recount traumatic incidents


    They discuss how domestic violence and coercive behaviour are present in many family law cases, and why it’s essential to handle information sensitively. The hosts also highlight how the legal process can unintentionally cause ongoing trauma, especially when clients are repeatedly asked to relive painful events.


    Darren highlights the court’s trauma-informed initiatives, including the court dog program, which supports parties and children through the process. They also discuss the need for lawyers to be aware of clients’ capacity to give instructions, and how trauma can affect memory and communication.


    Joplin emphasises that trauma-informed practice is not just about empathy — it is about creating safety, stability, and clarity so clients can participate effectively in their case. The episode ends with a powerful reminder that trauma-informed practice is a professional responsibility, not a marketing term, and clients should expect it from their family lawyer.


    Key Topics Covered:

    • What “trauma-informed practice” actually means
    • Why it’s not just a buzzword
    • How legal processes can re-traumatise clients
    • Practical strategies in law firms to reduce stress
    • Why communication strategy matters (urgent vs non-urgent)
    • How domestic violence and coercive behaviour impact cases
    • Court initiatives like the therapy dog program
    • The importance of safe client environments
    • Trauma’s impact on clients’ capacity to give instructions
    • Why trauma-informed practice is essential in family law


    Why This Episode Matters

    Whether someone is just contemplating separation or deep into negotiations, this episode offers a grounded, compassionate look at what the process actually feels like — beyond forms and courtrooms. The blend of legal insight and emotional awareness helps listeners feel equipped, not overwhelmed, by the road ahead.


    And because no two separations look the same, you can be part of the conversation.

    Listeners are invited to submit their questions for Daz & Jop, with future episodes dedicated to answering real experiences, real challenges and real concerns from the people who need guidance most.

    Whether you’re contemplating separation, navigating court, co-parenting, or simply trying to put your children first through the uncertainty — The Dear Divorce Diary Podcast offers steady, professional guidance to help reshape the path ahead.


    Real law. Real families. Real conversations.


    Subscribe, listen, learn — and know that you’re not alone.

    Hosted on Acast. See acast.com/privacy for more information.

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    11 m
  • How to Choose the Right Family Lawyer (and Avoid a $50,000 Mistake)
    Jan 20 2026

    In Episode 5 of Dear Divorce Diaries, Darren “Daz” Mort and Joplin “Jop” Higgins tackle one of the most important decisions people make during separation: how to choose the right family lawyer.


    The episode opens with the hosts explaining the podcast rules: they can’t provide direct legal advice, but they can discuss themes based on listener questions. The conversation is driven by questions submitted via TikTok and Instagram, focusing on the core issue of selecting a lawyer who will genuinely support you through the family law process.


    Joplin explains that the relationship between client and lawyer is crucial. Separation is emotionally draining and often financially stressful, so you need a lawyer who is not only skilled but also someone you can work with for potentially two years or more. The hosts emphasise the importance of chemistry and trust, and encourage listeners to trust their instincts if a lawyer doesn’t feel like the right fit.


    They discuss how to assess a lawyer’s suitability, including:

    • Specialist expertise (trusts, businesses, domestic violence, trauma-informed practice)
    • Experience and practical knowledge (not just “talking the talk”)
    • The lawyer’s ability to manage complex emotional and mental health issues
    • Firm structure and how cases are handled day-to-day
    • Who will actually work on the file (junior lawyers, paralegals, support staff)


    Daz highlights the importance of understanding who is handling the case when the principal lawyer is in court. He warns that many clients feel let down when they are left dealing with a junior solicitor they barely know, and stresses the need for transparency from the outset.


    The hosts also discuss the practical side of legal fees, explaining:

    • Cost agreements and what they cover
    • Trust accounts and payment structures
    • Fixed fees vs hourly rates
    • The importance of understanding what is included in any fixed fee package
    • The contractual nature of cost agreements and what happens if the case becomes more complex


    The episode concludes with a reminder that choosing a lawyer is one of the most significant decisions in the family law process. The hosts encourage listeners to ask questions, seek clarity, and always trust their instincts.


    Key Topics Covered:

    • Why choosing a lawyer is the most important decision in family law
    • Importance of personality fit and trust
    • Long-term nature of family law cases (often 2+ years)
    • Need for specialist expertise (domestic violence, trusts, business)
    • Trauma-informed practice and social science knowledge
    • Firm structure and who handles your case
    • Importance of knowing support staff (secretary, accounts, juniors)
    • Costs and cost agreements explained
    • Fixed fee vs hourly rate
    • How to avoid being trapped in the wrong legal relationship


    Why This Episode Matters

    Whether someone is just contemplating separation or deep into negotiations, this episode offers a grounded, compassionate look at what the process actually feels like — beyond forms and courtrooms. The blend of legal insight and emotional awareness helps listeners feel equipped, not overwhelmed, by the road ahead.


    And because no two separations look the same, you can be part of the conversation.

    Listeners are invited to submit their questions for Daz & Jop, with future episodes dedicated to answering real experiences, real challenges and real concerns from the people who need guidance most.

    Whether you’re contemplating separation, navigating court, co-parenting, or simply trying to put your children first through the uncertainty — The Dear Divorce Diary Podcast offers steady, professional guidance to help reshape the path ahead.


    Real law. Real families. Real conversations.


    Subscribe, listen, learn — and know that you’re not alone.

    Hosted on Acast. See acast.com/privacy for more information.

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    10 m
  • Change of Residence: When Court Decides Where Your Kids Live
    Jan 20 2026

    In Episode 4 of Dear Divorce Diaries, Joplin Higgins and Darren “Daz” Mort return to answer listener questions and discuss some of the most emotionally charged issues in family law — especially change of residence and how the court evaluates parenting capacity.


    Daz & Jop begin by reminding listeners of the podcast’s ground rules: they will discuss themes, not give direct legal advice, and they won’t discuss specific people or cases. Most listeners are navigating family law for the first time, so the hosts aim to provide clarity and support in a confusing process.


    The conversation then moves to the complex topic of change of residence, which used to be called custody. Daz explains that these cases are among the hardest to win because they involve destabilising a child’s primary care arrangement. The court prioritises risk and safety, and the child’s views are considered but weighed based on age and developmental maturity.


    Daz and Jop also discuss how the court assesses parental attitude — especially where one parent refuses to facilitate a relationship between the child and the other parent. They share a real courtroom example showing how disrespect and denigration can dramatically harm a parent’s case. The hosts emphasise that the court is focused on maintaining stability and safety, not punishing parents.


    The episode then explores the role of step-parents, challenging the common stereotype that they are “bad” or unwanted. The hosts share examples of healthy step-parent relationships and how cooperative co-parenting can benefit children. They also discuss the risks of a new partner who may be unsafe, and how this can impact a change of residence case.


    Finally, the episode covers capacity to parent and the role of family reports, including child impact reports, psychological assessments, and children’s views reports. While these reports can be helpful, the hosts remind listeners that they are just one piece of evidence and are not always conclusive.


    The episode ends with a reminder that family law is a complex system, and that understanding the themes and processes can help parents make better decisions for their children.


    Key Topics Covered:

    • Rules for listener questions (no legal advice, no names, no case details)
    • Change of residence explained (formerly custody)
    • Court’s focus: risk, safety, and child’s views
    • How parental attitude affects outcomes
    • The impact of coercive behaviour and denigration
    • The role of step-parents in modern families
    • Risk of unsafe new partners
    • Capacity to parent and how courts assess it
    • Family reports, psychiatric reports, and children’s views reports
    • The cost and limitations of expert reports


    And because no two separations look the same, you can be part of the conversation.

    Listeners are invited to submit their questions for Daz & Jop, with future episodes dedicated to answering real experiences, real challenges and real concerns from the people who need guidance most.

    Whether you’re contemplating separation, navigating court, co-parenting, or simply trying to put your children first through the uncertainty — The Dear Divorce Diary Podcast offers steady, professional guidance to help reshape the path ahead.


    Real law. Real families. Real conversations.


    Subscribe, listen, learn — and know that you’re not alone.

    Hosted on Acast. See acast.com/privacy for more information.

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    15 m
  • Family Law Isn’t Just Legal — It’s Emotional Trauma in Disguise
    Jan 20 2026

    In Episode 3 of Dear Divorce Diaries, Darren “Daz” Mort and Joplin “Jop” Higgins explore the emotional realities behind family law — and why separation feels like uncharted territory for most people.

    They explain that many separated parents unintentionally make mistakes because they simply don’t know what to do — and then they’re judged for it in court.


    This episode goes beyond legal process and dives into the human story behind family breakdowns, revealing how family lawyers often become lifelong supports for clients and children. Darren shares his personal journey — from growing up through family breakdown and financial hardship, to creating powerful films like Tommy, Millie, and the upcoming Jack & Jill. These films were born from real experiences, including Darren’s work on the Family Violence Task Force and his own childhood trauma.


    Daz & Jop discuss how family law isn’t just a case, it’s a lifelong impact on children — and why having resources like films and books can help parents understand their child’s emotional world. Darren explains the inspiration behind his films, how they’re used in courts and parenting programs globally, and how they help families navigate the separation process in a child-focused way.


    They also highlight the importance of support, empathy, and education, and why separation is not something most people are prepared for — yet it changes lives forever.


    Key Topics Covered:

    • Why separation feels like “uncharted territory”
    • The emotional trauma behind family law
    • How lawyers build long-term relationships with clients
    • Darren’s personal story of family breakdown
    • The creation of the films Tommy, Millie, and Jack & Jill
    • The impact of family conflict on children
    • How children interpret separation and blame themselves
    • How educational tools help parents understand their child’s world
    • The importance of empathy, support and community


    Why This Episode Matters

    Whether someone is just contemplating separation or deep into negotiations, this episode offers a grounded, compassionate look at what the process actually feels like — beyond forms and courtrooms. The blend of legal insight and emotional awareness helps listeners feel equipped, not overwhelmed, by the road ahead.


    And because no two separations look the same, you can be part of the conversation.

    Listeners are invited to submit their questions for Daz & Jop, with future episodes dedicated to answering real experiences, real challenges and real concerns from the people who need guidance most.

    Whether you’re contemplating separation, navigating court, co-parenting, or simply trying to put your children first through the uncertainty — The Dear Divorce Diary Podcast offers steady, professional guidance to help reshape the path ahead.


    Real law. Real families. Real conversations.


    Subscribe, listen, learn — and know that you’re not alone.

    Hosted on Acast. See acast.com/privacy for more information.

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    21 m
  • A Child Focused Lens is paramount when separating or divorcing
    Dec 10 2025

    In Episode 2 of Dear Divorce Diaries, Darren “Daz” Mort and Joplin “Jop” Higgins discuss one of the most critical topics in family law: co-parenting after separation.


    With years of courtroom experience, they explain why only a small percentage of cases actually need to go to trial, and why many families would benefit from avoiding court entirely—both emotionally and financially.


    Daz and Jop focus on keeping the child at the centre of every decision, explaining that even if parents hate each other, they still share a lifelong responsibility to their children. They reference the “Tommy” film used in US family courts to illustrate the damage children experience when parents fight.


    Daz & Jop share practical tools for better co-parenting, including:

    • Parenting courses (such as Tuning into Kids/Teenagers)
    • Psychological support and mindfulness
    • Regular “iron-out” sessions to revisit parenting plans
    • Mediation and why two-day mediations are often more effective
    • Co-parenting apps like Our Family Wizard and AppClose


    They also highlight common pitfalls that cause conflict, including:

    • Social media denigration
    • Involving new partners in the conflict
    • Using children as weapons during changeovers
    • Disputes about child support and spending
    • Rigid parenting schedules that ignore child development


    The episode concludes with a reminder that children are impacted by conflict long into adulthood, and that co-parenting is about behaviour—not feelings. Even if parents can’t stand each other, they can still learn to behave respectfully for the sake of their kids.


    Key Topics Covered

    • Why court is not always necessary
    • The “child-focused lens” concept
    • Parenting courses and tools
    • The harm of public conflict on social media
    • The importance of communication boundaries
    • Why co-parenting requires work
    • Managing changeovers calmly
    • The benefits of mediation
    • Using parenting apps to reduce conflict
    • Why schedules must adapt as children grow
    • The long-term impact of conflict on kids


    When a relationship ends, it can feel like the world is breaking apart — legally, emotionally and practically. The Dear Divorce Diary Podcast exists to guide you through that difficult landscape with clarity, compassion and a child-focused mindset.


    Each episode, Darren “Daz” Mort and Joplin “Jop” Higgins draw on their extensive experience within the family law system to unpack what separation and divorce really look like — not just on paper, but in real life.

    They believe that families deserve dignity, children deserve protection, and adults deserve guidance that is calm, respectful and grounded in expertise rather than conflict.


    And because no two separations look the same, you can be part of the conversation.

    Listeners are invited to submit their questions for Daz & Jop, with future episodes dedicated to answering real experiences, real challenges and real concerns from the people who need guidance most.

    Whether you’re contemplating separation, navigating court, co-parenting, or simply trying to put your children first through the uncertainty — The Dear Divorce Diary Podcast offers steady, professional guidance to help reshape the path ahead.


    Real law. Real families. Real conversations.


    Subscribe, listen, learn — and know that you’re not alone.

    Hosted on Acast. See acast.com/privacy for more information.

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    32 m