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The Divorce Course Podcast

Laura & Lyn
The Divorce Course Podcast
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  • Family Law Mediation Secrets – What Your Mediator Wish You Understood
    🎧 Listen to This Episode If You: 🚪 You’re about to go to mediation and don’t know what to expect 📝 You want to know what documents and disclosures you actually need 😵‍💫 You’re anxious about seeing your ex in the same room 🧠 You want practical tips to mentally and emotionally prepare ⚖️ You want to give yourself the best chance of settling 👀 You’re worried your ex is manipulative or controlling 🎯 You want a checklist of exactly what to do before the big day Mediation can be one of the most powerful tools in your separation or divorce journey — but only if you’re properly prepared. In this episode, I sit down with my mum Lyn (a seasoned family lawyer) to reveal the top 5 things mediators wish people knew before walking into mediation. Whether you’re facing property division, parenting negotiations, or dealing with a high-conflict or manipulative ex, we’re giving you practical, real-world strategies to set you up for success. From shuttle rooms to knowing your must-haves vs nice-to-haves, this episode is your ultimate mediation prep guide. ⚠️ Trigger Warning: This episode includes discussion of family and domestic violence. 📌 Legal Disclaimer: This is general information only and not legal advice. Always seek independent legal advice for your situation. ⏱️ Episode Timeline: 00:00 Introduction to Mediation 00:10 Top Five Things Mediators Wish You Knew 01:18 Separate Rooms for Mediation -Do you have to be in the same room with your ex? (Hint: no!) 07:03 Compromise is Key - Why compromise is crucial — and how to prepare for it 11:52 Be Prepared with Documents - Clear goals vs nice-to-haves: how to prep like a pro 17:17 Anticipate Your Ex's Roadblocks 21:53 Navigating Conversations About Your Ex 22:20 Understanding Your Role in Mediation 22:29 Join Our Free Webinar 23:06 The Mediation Experience 24:13 Handling Pressure During Mediation 27:07 Preparing for Mediation -Your must-have mediation prep checklist 29:55 Dealing with Different Divorce Personality Types 34:00  Tips for staying calm and focused with difficult exes 36:26 Managing Manipulative and Controlling Exes 40:26 Where to get free mediation and disclosure checklists   🔑 Key Topics Discussed: The 5 things mediators wish you knew How to emotionally prepare for mediation What to do when you’re dealing with coercive control or narcissism Practical tips for organising your evidence and disclosures The power of clear goals and flexible thinking How to keep calm and avoid being derailed The truth about compromise — and how to protect yourself while doing it Why you’re still in control, even if you feel overwhelmed Using mediation as a tool — even if your ex is impossible The role of support people, tech tips, and being emotionally ready   📚 Related Episodes: 🎙️ Can You Mediate With a Narcissist? https://open.spotify.com/episode/3Vjl0I9xXUQruoAQKLVh11?si=pQpMWvz_RHKapxZ07AgkoA   🎙️ Mediation or Manipulation? https://open.spotify.com/episode/4P1DjaMtXTq2sbel4qywew?si=EeVPhl6dTDiphTLXhoeTaA   🎙️ What Happens After Mediation https://open.spotify.com/episode/00kTon70LllVE97X8zn9vK?si=YPRmwZVQQ7-sakgcA6J7_g    🆘 Support Services: 💜 Women’s Shelter Service: 1800 811 811 ⚖️ Legal Aid: Visit your state’s Legal Aid website 📞 Lifeline (24/7 Crisis Support): 13 11 14 👨‍👦 Mensline Australia: 1300 789 978 👧 Kids Help Line: 1800 551 800 🚨 National DV Hotline: 1800 RESPECT (1800 737 732) 🖤 Aboriginal Family DV Hotline: 1800 019 123  
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  • Super Split Myths: Why Equalising Isn’t Always Fair in Divorce
    🎧 Listen to This Episode If You: 💼 You're negotiating your super split after divorce in Australia 🧐 You've been told “let’s just equalise super — it’s fair” 😵‍💫 You’re confused about what super is worth vs. cash 💸 You’re worried about being left worse off long-term 🧾 You’ve made non-financial contributions (like parenting or homemaking) ⚖️ You want to make sure your property settlement is legally fair 👀 You suspect you’re being pressured into a bad deal Are you about to deal with your superannuation in your divorce or separation? Before you sign off on that “equal split,” you’ll want to hear this. In today’s episode,we sit down to unpack the worrying trend of super equalising — where separating couples are told to simply make their super balances the same and move on. But here's the thing… that’s not what the family law of Australia says, and it could seriously disadvantage you, especially if you’ve been the lower income earner or the stay-at-home parent. We share case examples, court insights, and some shocking myths that are floating around in legal circles — and we tell you what to do if a lawyer, mediator, or even your ex suggests this path. 📌 Legal Disclaimer: This is general info only — not legal advice. Please seek independent legal support for your personal situation. 0:00 – Are you about to deal with your super during divorce? Here's why this episode matters 1:00 – What does “equalising super” even mean—and why is it a problem? 2:00 – Why super is just another form of property under Australian law 3:30 – Why some lawyers are pushing for equal splits (and why that's dangerous) 5:30 – The golden rule: Super is subject to all the same rules as other property 7:00 – Are you being pressured to leave super out or just equalise it? Here's what to watch for 9:00 – How parenting and homemaking count as contributions to super 11:00 – Dodgy tactics: Over-contributing to super or hiding income 12:00 – How new 2025 laws include behaviour and abuse in property settlements 13:30 – When equalising might actually be okay—but only if the whole pool is fair 14:30 – Real case: Baxter & Baxter – what happens when the court gets it wrong 17:00 – What you can say to your ex (or lawyer!) if they push for equal super splits 18:30 – What Section 75(2) of the Family Law Act says—and why it matters 21:00 – Your capacity to earn, care for kids, and stay healthy are all future needs 23:00 – Why just “keeping the super” might leave you financially vulnerable 25:00 – The court’s 5-step approach—and why percentages come last 27:00 – Why agreeing to percentages too early can backfire 30:00 – What to take to your lawyer to get proper advice on super and property 32:00 – Are SMSFs and defined benefit funds treated differently in divorce? 33:30 – Can you ever access your super early for legal fees? 34:00 – Why 97% of people settle out of court—and what that means for fairness 36:00 – Why consent orders can protect you more than a Binding Financial Agreement (BFA)   🔑 Key Topics Discussed Why superannuation is property and must be assessed like any other asset The myth of "equalising super" — and who really benefits from it How future needs (Section 75(2)) affect super division When courts don’t approve equal splits — even in consent orders How coercive control and fear can influence unfair agreements The difference between cash and super — and why it matters to your financial future What the law actually says about super splitting Case examples: Coghlan & Coghlan (2005) and Baxter & Baxter (2010) Why defined benefit and self-managed funds need special attention What info to bring to your lawyer when discussing your super and property pool 🎙️ Related Episodes Contributions episode https://open.spotify.com/episode/1CRmGojnduHE6JiCqFCCPZ?si=ThmJIlkMQBO5kFQQ-_m_3g Future Needs episode: https://open.spotify.com/episode/5S6GtjDxg9VqY6wcgopzEx?si=ILYJeQiGQYShWYYp_WGRNw Property episode: https://open.spotify.com/episode/7D0Q44RXr6x28XEVOVUYhQ?si=3ywSQ0DLTd2ZGiGYXSvZPw Superannuation episode : https://open.spotify.com/episode/0UwyfuRcv4KQ7jMNyaGCoq?si=VsOkiMB5Q2KEyNgyJdywcA Spousal Maintenance are you eligible episode https://open.spotify.com/episode/510Dgc3ko913tNN1ggbtwJ?si=CQXG9fo0QPWPzNwPX4z6YQ The Pitfalls of Percentages    RESOURCES SECTION 75 of the family law act https://www5.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s75.html 📧 Email the show: [email protected] ⚠️ Emergency Contacts & Support Services: 💜 Women’s Shelter Service: Call 1800 811 811 ⚖️ Legal Aid: Visit Legal Aid Website 📞 Lifeline (24/7 Crisis Support): Call 13 11 14 👨‍👦 Mensline Australia: Call 1300 789 978 👧 Kids Help Line: Call 1800 551 800 🚨 National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732 🖤 Aboriginal Family Domestic Violence Hotline: Call 1800 019 123  ☎️ 1800 RESPECT – Family/domestic violence support ☎️ Lifeline: 13 11 14 – For emotional support
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  • Divorce Deals 101: What to Know Before You Make or Accept a Deal With Your Ex
    One of the most underestimated parts of separation are— settlement offers. Whether you’re negotiating parenting arrangements, property division, or both, knowing how and when to make (or respond to) an offer can save you stress, time, and serious money. We break down how settlement offers work, when to consider using Calderbank letters, how Section 117C of the Family Law Act affects legal costs, and the emotional traps that can trip you up during negotiation. We also talk about avoiding lowball traps, the risks of ignoring offers, and what to do if you’re dealing with an avoidant or high-conflict ex. 📌 Legal Disclaimer: This is a general legal discussion only. Always seek independent legal advice before making decisions about your case. 🎧 Listen to This Episode If You: 📬 You’ve just received an offer and don’t know what to do 📝 You’re drafting an offer and want to avoid costly mistakes 🤯 You’re confused about Calderbank offers or “without prejudice” negotiations ⚖️ You want to protect yourself from future legal costs ⏳ You’re wondering when the best time is to make an offer 😨 You’re worried your ex will use offers to manipulate or delay things 💬 You need tips for negotiating with high-conflict or avoidant exes 💡 You want to feel more confident and strategic about settlement 0:00 – legal disclaimer 1:00 – Why settlement offers are the key to ending court drama and legal stress 2:00 – What’s the point of making an offer if your ex is high-conflict or controlling? 3:30 – How making an offer (even if rejected) can help you with legal costs 5:00 – What are “party and party” costs and how much can you actually recover? 6:30 – Why you MUST put all offers in writing — and how to do it right 7:30 – Tips for structuring your offer: how to make it clear and court-friendly 9:00 – What happens when an offer is accepted — and how to turn it into consent orders 10:30 – Do you still have to go to court if you’ve accepted an offer? 12:30 – When’s the best time to make a settlement offer? 14:00 – Why timing matters and how it could impact a cost order 16:30 – Should you lowball or highball your offer like Facebook Marketplace? 18:00 – Mediation vs formal offers — what negotiation tactics are acceptable? 19:30 – What to ask yourself before you make an offer you might regret 21:30 – Mental prep: why understanding “fair” in the legal system is essential 24:00 – How guilt, people-pleasing, or pressure can lead to bad decisions 26:30 – The danger of controlling exes and how your history may influence your judgment 28:00 – What does “without prejudice” mean and why does it matter in negotiations? 30:00 – How to write a strong, effective, and strategic settlement offer 31:30 – What to do if you receive a last-minute or unreasonable offer 33:00 – Can you put time limits on offers? Are they enforceable? 34:30 – How to request more time or more information before accepting 36:00 – What if the offer is close, but not quite right? Counter-offer strategies 37:30 – Should your new partner, family, or friends be involved in decisions? 39:00 – Section 117C of the Family Law Act and how costs get awarded 41:00 – What if you ignore an offer completely? 43:00 – The emotional toll of negotiating and the power of staying objective 45:00 – Final tips for successful settlement negotiations 48:00 – Understanding your worst and best-case court outcomes before accepting 49:00 – A final reminder to always seek legal advice and protect your future 🔑 Key Topics Discussed What makes a good settlement offer — and why timing matters How Calderbank offers work and why they can protect you legally What Section 117C of the Family Law Act says about court-ordered costs The risks of ignoring or rejecting offers (especially in family court) When to negotiate and when to stand your ground Tips for writing a clear and strategic offer What happens if your offer is accepted (and what to do next) How to deal with unreasonable or manipulative exes Why offers must always be documented in writing What to do if you're pressured into accepting an offer you're unsure about The emotional reality of negotiation — and why it's okay to take your time Who should be involved in helping you assess or make an offer (spoiler: not your new partner!) 📎 Links & Resources Mentioned ☎️ 1800 RESPECT – Family/domestic violence support ☎️ Lifeline: 13 11 14 – For emotional support 📧 Email the show: [email protected] ⚠️ Emergency Contacts & Support Services: 💜 Women’s Shelter Service: Call 1800 811 811 ⚖️ Legal Aid: Visit Legal Aid Website 📞 Lifeline (24/7 Crisis Support): Call 13 11 14 👨‍👦 Mensline Australia: Call 1300 789 978 👧 Kids Help Line: Call 1800 551 800 🚨 National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732 🖤 Aboriginal Family Domestic Violence Hotline: Call 1800 019 123 🔗 Family Court Info – Section 117C https://www5.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s117.html  🎙️ Related Episodes Calderbank Offers https://open.spotify.com/episode/2B2Se7hTIBAOg5f5YJ5wqE?si=tJCQ-bSlSz-6YOl2jRgr4Q Disclosure Checklist https://www.thedivorcecourse.com.au/disclosurechecklist 📧 Email the show: [email protected] ⚠️ Emergency Contacts & Support Services: 💜 Women’s Shelter Service: Call 1800 811 811 ⚖️ Legal Aid: Visit Legal Aid Website 📞 Lifeline (24/7 Crisis Support): Call 13 11 14 👨‍👦 Mensline Australia: Call 1300 789 978 👧 Kids Help Line: Call 1800 551 800 🚨 National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732 🖤 Aboriginal Family Domestic Violence Hotline: Call 1800 019 123  ☎️ 1800 RESPECT – Family/domestic violence support ☎️ Lifeline: 13 11 14 – For emotional support   #DivorceSupport #FamilyLawAustralia #SettlementOffers #SeparationHelp #CalderbankOffer #DivorceNegotiation #LegalCosts #FamilyCourtMatters #WithoutPrejudice #FairSettlement #PostSeparationAbuse #HighConflictDivorce #PropertySettlementTips #FamilyLawHelp #TheDivorceCoursePodcast  
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  • What the 2025 Family Law Divorce Reforms Might Mean for You
    Major Changes Are Coming to Family Law in Australia – Here’s What You’ll want to Know In this episode, I sit down with my mum  Lyn, our favourite straight-talking family lawyer—to unpack the biggest Family Law changes coming into effect on June 10, 2025. We dive into how these legal reforms will impact property settlements, family violence considerations, companion animals (yes, pets!), financial disclosure rules, and more. Whether you’re currently separating, in court, or supporting someone going through it, these new laws could change the game for you. We also break down why these changes matter, how they could help victims of coercive control or economic abuse, and the kinds of evidence that could now influence outcomes in property disputes. As always, we bring the info in a way that’s easy to understand—no legal jargon, just real talk.. ⚠️ Trigger Warning: This episode contains discussions of family and domestic violence. 📌 Legal Disclaimer: This episode contains general information only and is not legal advice. Please seek independent legal advice for your situation. 🎧 Listen to this episode if…  🐾 You’re separating and worried about who gets the dog 💸 You’ve experienced economic or financial abuse ⚖️ You’re navigating a property settlement and unsure what’s “fair” 📜 You’re already in court and want to know if these changes apply 😟 You’ve struggled to get your lawyer to take family violence seriously 📂 You’re overwhelmed with financial disclosure or suspect your ex is hiding assets 💔 You want to protect your rights—and your peace of mind—in the process ⏱️ Timeline Summary – What You’ll Hear 0:00 – Trigger warning and legal disclaimer 1:00 – Why these 2025 law changes matter 2:00 – How family violence can now impact property settlements 5:00 – Understanding the new “wastage” rule (big shift!) 10:00 – What counts as economic abuse in property disputes 15:00 – Your pet isn’t just “property” anymore – companion animals and court 20:00 – Financial disclosure: new pressure on lawyers and parties 27:00 – Children’s Contact Centres: mandatory accreditation and safety focus 33:00 – Less Adversarial Approaches: what’s changing and what’s not 38:00 – Does this apply to your case if you're already in court? 41:00 – How these changes can help—or hurt—you depending on your approach 46:00 – Final wrap-up: What to do now and what to watch for next 🔑 Key Topics Discussed in This Episode The biggest Family Law reforms in 20+ years — and what triggered them How coercive control and economic abuse will now factor into property settlements Why “wastage” matters (and how post-separation spending could impact outcomes) The real legal status of pets in 2025 — not just “property” anymore! New financial disclosure rules and how they’ll change the game The pressure on lawyers to address family violence properly Why Children’s Contact Centres are changing — and becoming saferThe shift towards less adversarial approaches in court Whether these changes apply to your existing case What to do now to prepare if you’re currently separated or about to file 🔗 Links & Resources 📄 Download the updated Central Practice Direction 📄 Link to the Attorney-General's 2025 Family Law fact sheets https://www.ag.gov.au/families-and-marriage/publications/family-law-property-changes-10-june-2025-fact-sheet-separating-couples https://www.ag.gov.au/families-and-marriage/publications/family-law-changes-june-2025-information-family-law-professionals ☎️ 1800 RESPECT – Family/domestic violence support ☎️ Lifeline: 13 11 14 – For emotional support 📧 Email the show: [email protected] ⚠️ Emergency Contacts & Support Services: 💜 Women’s Shelter Service: Call 1800 811 811 ⚖️ Legal Aid: Visit Legal Aid Website 📞 Lifeline (24/7 Crisis Support): Call 13 11 14 👨‍👦 Mensline Australia: Call 1300 789 978 👧 Kids Help Line: Call 1800 551 800 🚨 National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732 🖤 Aboriginal Family Domestic Violence Hotline: Call 1800 019 123 🎙️ Related Episodes: Does Domestic Violence Effect Property Settlement https://open.spotify.com/episode/5ByQsXAVUNYQyLVspOFF37?si=WbBHNF5GRACQ4Od20K05FA Disclosure Checklist https://www.thedivorcecourse.com.au/disclosurechecklist Overcoming Disclosure Dilemmashttps://open.spotify.com/episode/0uOO8dKYV4NWlCfyu8FZEh?si=Vin4YgpKT020Aout1aWXzA Episode 194: What the 2025 Family Law Reforms Mean for You (Pets, Property & Power Plays)  #FamilyLawAustralia #DivorceSupport #PropertySettlement #EconomicAbuse #CoerciveControl #FamilyViolence #FamilyCourtReform #KnowYourRights #SeparatedAndStrong #DomesticViolenceAwareness #LegalUpdates2025 #SharedParenting #CustodyAndProperty #ProtectYourPeace #DivorceAustralia  
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  • Beyond 50/50: Creative & Legal Ways to Settle Property in Divorce in Australia
    Are you trying to figure out how to divide the property after your separation or divorce? In this eye-opening episode, I sit down with my mum, but also an experienced family lawyer — and we walk you through the eight most common ways people settle property in Australia. Whether you’re hoping to keep the house, want a clean break, or are totally confused by super splitting, we’re breaking it all down for you. From simple percentage splits to creative asset swaps — and even the risks of doing absolutely nothing — this episode is your go-to guide for understanding your options. If you’ve been wondering how the Family Court might view your proposed agreement, or you just want clarity before making any big decisions, this one’s for you. ⚠️ Trigger Warning: We do talk about separation, divorce, and family and domestic violence in this episode. 📌 Legal Disclaimer: Everything shared here is general info only — not legal advice. Always speak to your own lawyer about your unique situation before making any decisions or signing anything.     🎧 Listen to This Episode If You: 🏡 You’re separated and thinking about how to split your assets 🤔 You’ve heard “it’s always 50/50” and you’re not sure if that’s true 🔑 You’re trying to keep the house, super, or a specific asset 😵‍💫 You’re overwhelmed by all the legal options 😟 You’re scared of doing the “wrong” thing with your property settlement ⚖️ You want a fair deal that protects your financial future 🧠 You’re a visual thinker and need real examples to understand your options DISCLAIMER: THIS IS NOT LEGAL ADVICE just a discussion about Australian Family Law and Divorce or DeFacto Separation.   🔑 Key Topics Discussed in This Episode What a property settlement actually is – and why it matters after separation Common myths about property division – including the truth behind “it’s always 50/50” The 8 different ways you can reach a property settlement – from informal agreements to full court proceedings How to decide which option is right for you – based on your safety, finances, and communication with your ex The risks of doing nothing – and why delays can cost you more than just money Keeping the house, super, or other assets – what’s realistic and what the court considers How to protect yourself legally and financially – especially in high-conflict or coercive control situations When and how to get legal advice – and how to prepare for it Case examples to help you understand what each option might look like in real life What to do if your ex won’t cooperate or communicate   🎙️ Related Episodes: Consent Orders vs BFAs: What’s Best for You https://open.spotify.com/episode/5qgGhdAl5UaOo7LHb2Yf5Y?si=1d87hZ-iQ2iPadSuzyHBAQ I Really, Really Want to Keep the House https://open.spotify.com/episode/6TzW9skKgvO8fjm0gcFPRg?si=uz9H0V3eRsaXzKKoLlMfaA Selling the House in Divorce: What You Need to Know https://open.spotify.com/episode/6YUc34CVu6aCmunjQT1Sp6?si=7I8graLWQrm3PD_4brxOng   ⚠️ Emergency Contacts & Support Services: 💜 Women’s Shelter Service: Call 1800 811 811 ⚖️ Legal Aid: Visit Legal Aid Website 📞 Lifeline (24/7 Crisis Support): Call 13 11 14 👨‍👦 Mensline Australia: Call 1300 789 978 👧 Kids Help Line: Call 1800 551 800 🚨 National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732 🖤 Aboriginal Family Domestic Violence Hotline: Call 1800 019 123     ⏳ Episode Timeline: 0:00 – Trigger warning and legal disclaimer 1:00 – What are we covering in today’s divorce property settlement episode? 2:00 – What is the classic percentage split in a divorce—and how does it work? 3:30 – Why isn’t property always divided 50/50 in a divorce? What factors do courts consider? 5:30 – What are the risks of saying “You take the house, I’ll take the super” during divorce? 7:00 – When would this kind of divorce agreement be rejected by the court? 9:00 – Should we just sell everything and divide the cash after a divorce? 11:30 – Why can selling assets post-divorce shrink your overall property pool? 13:00 – What happens if one person buys the other out in a divorce settlement? 15:30 – How do you make sure the house is valued fairly during divorce proceedings? 17:00 – Can we trade assets like cars for cash or super for shares in a divorce? 18:30 – Is super always equal in value when dividing assets in divorce? 20:00 – What is superannuation splitting—and how does it work in a divorce? 22:00 – Is equalizing superannuation always a fair solution in divorce settlements? 23:30 – Can one person take on debt in exchange for more assets—and is that safe in a divorce? 25:00 – What are the legal risks when one partner takes on joint debt after divorce? 27:00 – What happens if we leave everything as it is and avoid a divorce property settlement? 29:30 – What real divorce stories show why doing nothing can go wrong? 33:00 – What are the new 2025 divorce-related laws—and how does post-separation spending affect your case? 34:30 – How can you figure out what’s fair in your unique divorce situation?       Episode 193 Beyond 50/50: Creative & Legal Ways to Settle Property in Divorce in Australia    #DivorceSupport #PropertySettlement #FamilyLawAustralia #SeparationSupport #DivorceTips #KeepTheHouse #SuperSplit #FinancialAbuseAwareness #FairDivorce #LegalHelp #SplitAssets #CoParentingSupport #EqualPropertySplit #FamilyCourtMatters #DivorceCoursePodcast  
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About The Divorce Course Podcast

This Mother and Daughter duo discuss and cover the legal stages and steps that you will face on your way to freedom through divorce. These are practical and real discussions with Lyn Galvin a family lawyer of 35 years experience and her daughter Laura a divorced mother of three. Laura helps turn her mother's lawyer jargon into something everyone will understand. Lyn shares all her tips and practical advice on separating. Through this podcast they aim to help you through your Australian divorce or de-facto separation to make it more cost effective and less stressful. instagram @thedivorcecourse
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