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3 Hidden Divorce Traps in Australia That Catch Everyone

James Glissan

42,529 views

Thinking about divorce in Australia? There are legal traps hiding in plain sight that can cost you your house, your savings, and years of stress — and most people don’t see them until it’s too late.

In this video, I break down the biggest hidden divorce traps in Australian family law, so you know what you’re walking into before you file, sign anything, or move out.

00:00 – How a Simple Mistake can Destroy your Case
01:40 – How Divorce Actually Works in Australia
02:33 – What Divorce Doesn't Cover
03:08 – Trap #1 - Being TOO Reasonable
05:25 – How A Lawyer Can Protect You (Not the Reason You Think!)
05:50 – Trap #2 - Being Human/Emotional
07:09 - The Most Commonly Hidden ASSETS
09:10 - (BONUS) The BIGGEST Difference in the Family Court
11:48 - Trap #3 - Complications
12:52 - RECAP
13:50 - How to Get Representation

I’m James Glissan, an Australian lawyer. I explain the law in plain English so you don’t get screwed by a system you never agreed to.

If you’re going through a separation or thinking about divorce, arm yourself with information first.

If you or a family member need representation: www.glissan.com.au

⚠️ DISCLAIMER:
This video is general information only. It’s not legal advice and doesn’t create a lawyer–client relationship. Family law depends on your specific facts. For advice about your situation, speak to a qualified family lawyer in your state or territory.
If this helped you:
– SUBSCRIBE for more Australian law explained simply
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– WATCH my other videos on Australian family law and your legal rights

20 Comments

@NicholasGeorge-cg3cf 7 months ago

Australian family law is one of the worst bastard systems on planet Earth.

@geneharrogate6911 6 months ago

Never seen otherwise unshakable mates so broken by what the family courts did to them.

@gti500 7 months ago

From experience, NEVER enter into a contract—and in particular, a government contract—whereby the other party to the contract is rewarded for breaking it.

@Nadia_Whimsydownunder 7 months ago

I wish I knew this 3 years ago.. legal aid is way under funded..

@kerryinnes9456 7 months ago (edited)

The Australian family law is floored and corrupt. It's there to damage children. Because damaged children raise damaged children. This keeps judges, lawyers, psychologists, and real estate agencies with a revolving door of money. They will give children the worst parent so the better parent will fight with everything they have to try to protect their children😢

@TheKrispyfort 7 months ago

Phone calls make quick.
Emails make evidence.

@GooseTheFlick 5 months ago

"this is a legal system, not a fairness system."

justice = fairness + equality.

@DeadlyDigger 7 months ago (edited)

From my experience I got shafted every which way while my ex got away with everything and anything. Refusing custody visits and vexatious DVO’s times 3 which the last one was challenged in court where all the accusations made against me on the DVO application were thrown out. She also got a 60/40 split despite earning more than me and the fact I put up the house deposit and paid half the mortgage balance, as well as put in another $25k of my compensation payment into the house. House was purchased for $110k in 1997 to put things into context

@KaliIntusMortuis 7 months ago

This is so fabulous, James 👏

@RachelDavies-wn7ir 7 months ago

I suppose I was 'lucky' that our children were over 18, and after he walked out, my ex had finished gambling away everything he owned. All I had to do was file the papers and pay the fee.

@IGNEUS1607 6 months ago

If youre actually amicable with the person you're divorcing, it is genuinely in your worst interests to involve lawyers.
Divorce is effectively a prisoner's dilemma: the maximum total payoff occurs when you and your ex partner do not involve the legal system.

@mariabonucchi5606 7 months ago

Very clear, concise explanations.

@jowly1462 7 months ago

Lawyers are paid for the attempt, not the outcome in these matters.

@Zzudwa 7 months ago

From what you said it seems like you have more fair trial if you turn this matter into a criminal. Of course you can't give such legal advice but it would explain why some people choose this way.

@TonyJamesJohnStella 6 months ago

Never agree to or even provide "consent without admission" to any AVO or restraining order applications which are typically based on false allegations. They are a primary tool used by Lawyers to limit time spent with your children, psychologically destroy you and set you up for the "current time spent" status quo James Glissan mentions to remain when you eventually get to the Family Court, which can take years. Fight these applications with all you have got !!! Also, if you do wind up at Family Court insist the children are able to chose where they wish to "spend time" once they turn 15 years old as they can be considered "mature minors".

@Iskander273 7 months ago

I don't even know why we legislate this to such an extent.

@---om4ly 7 months ago

Since you're talking about no fault situations

Can you make a video on the no fault covid-19 vaccine compensation scheme

That would be an interesting topic to delve into

From what it seems, they pay a very small amount to access a signature to prevent future claim against the government, but they're not really compensating. The compensation appears to Simply repay somebody's costs due to all the medical expenses they have incurred as a result of the injections.

Very few people have got substantial payouts that cover pain, suffering and loss of life capability.

The no fault part is very interesting

@Jak-lI 7 months ago

I’d love a video from you that goes over Australian citizens human rights! As every time I try and search it up I always get just vague results back. Id love clear, simple dot points of what they are