Show Notes
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 accounts
Debts
Investments
Superannuation
Loans or liabilities
When 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 property
Bank accounts
Credit cards and loans
Superannuation
Share portfolios
Vehicles, boats or other major assets
Joplin 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 records
Unexplained bank transfers
Unknown credit cards or debts
Limited access to financial information during the relationship
While 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 balances
Using court forms to request updated super information
The difference between standard funds and defined benefit schemes
Defined 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 position
Maintain access to financial records
Understand your assets and liabilities
Seek legal advice before negotiating settlements
Ensure agreements are properly documented and approved by the court
Financial 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. Sub
More from Dear Divorce Diary - With Daz & Jop
In this episode of Dear Divorce Diaries, family law experts Darren Mort (Family Law Barrister) and Joplin Higgins (Family Law Solicitor) explore one of the most emotionally charged and increasingly common issues in modern separation: what happens to pets during divorce? With a special guest appearance from “Buddy” 🐶, the conversation unpacks how Australian family law now treats pets—legally defined as “companion animals”—and what that means for separating couples.
In this episode of Dear Divorce Diaries, family law experts Darren Mort (Family Law Barrister) and Joplin Higgins (Family Law Solicitor) unpack one of the most emotionally charged and legally risky issues in parenting disputes: withholding children when court orders are in place—or when they’re about to be made. Through candid discussion, practical legal insight, and real courtroom dynamics, the episode explores when (if ever) a parent can justify not complying with parenting orders, and what consequences follow when they do.
In this emotionally charged and deeply practical episode of Dear Divorce Diary, Darren Mort and Joplin Higgins tackle one of the most heartbreaking and legally complex issues in family law: relocation after separation. What happens when one parent wants to move interstate… or overseas… with the children? Can the court stop a parent from leaving Australia? Does a mother or father have the “right” to move home? What happens when children are caught between two countries, two cultures, and two parents who both love them? Through a powerful role-play scenario involving a separated Australian-Norwegian family, Darren and Joplin unpack exactly how relocation disputes unfold inside the Family Court — from emotional arguments and legal strategy to parenting proposals and the harsh reality of what judges actually look for. This episode explores the devastating emotional impact relocation cases can have on families, while giving listeners a rare behind-the-scenes look at how these cases are argued, assessed, and ultimately decided.
In one of the most confronting and candid episodes of Dear Divorce Diary so far, Darren Mort and Joplin Higgins tackle a topic rarely spoken about openly in family law — pornography, addiction, intimacy, coercion, and the impact it can have on marriages, parenting, finances, and divorce proceedings. This is not a sensationalist conversation. It’s a nuanced and thoughtful discussion about how pornography increasingly appears in affidavit material, relationship breakdowns, financial disputes, coercive control allegations, and parenting concerns inside the family court system. Darren and Jop explore the difficult reality that pornography itself is not illegal — but the way it affects relationships, consent, emotional safety, financial stability, and family dynamics can become deeply problematic.
In this powerful and deeply practical episode of Dear Divorce Diary, Darren Mort and Joplin Higgins unpack one of the most misunderstood parts of the family law system — mediation. After receiving a flood of listener messages and social media comments, Darren and Jop dive into the reality of Family Dispute Resolution (FDR), court-ordered mediation, shuttle negotiations, coercive control during mediation, and whether the system is genuinely helping separating families — or simply creating another layer of trauma. From unsafe mediation experiences to “tick-box” certificates, legally assisted negotiations, family violence dynamics, and the emotional pressure placed on victim survivors, this episode delivers a brutally honest look at what really happens behind closed doors in family law negotiations.