Psych Nurse Likens Divorce for Men to PTSD

Too often, a person’s mental health is neglected during the breakdown of a relationship.  For me, this article not only brings to the forefront a mans perspective on such matters, but also outlines the importance of obtaining legal advice at the outset, no matter whether you are the husband/father or wife/mother.

Obtaining legal advice will enable you to think practically and logically about your situation.  We can then work together to devise a plan that best suits your needs moving forward.  Call us at CopperTree Family Law on (02) 4369 6838 today for an initial consultation.

Aaron Stevenson’s painful separation led him to write a practical guide for men dealing with the trauma of divorce.

With more than 30 years’ experience in the mental health system, Mr Stevenson regularly saw people in the throes of a relationship break-up.

Then, three years ago, it happened to him.

The psychiatric nurse’s 10-year marriage ended leaving him “blindsided”, just as his 50th birthday approached.

Likening a divorce to a trauma like post-traumatic stress disorder (PTSD), Mr Stevenson said the response was the same.

You don’t have to have fought in Afghanistan or got run over by a car to have PTSD; basically it’s about having trauma and, in some way, feeling you’re at risk“, Mr. Stevenson said.

“Symptoms can escalate into extreme situations when people’s willingness and or capacity to seek help and support is poor,”, Mr. Stevenson said.

“They go out and drink, do drugs, smash things, break things, get IVOs (family violence intervention order) against them, which causes another set of problems”, Mr. Stevenson.

While there are many services for men and plenty of books, articles and blogs about relationships, Mr Stevenson struggled to find any clear practical guidelines.

So Mr Stevenson compiled all his research into a guidebook, including his own experiences and his 32 years of clinical work.

The secret art of breaking up: Surviving and thriving is a guidebook for men trying to navigate the crisis of their relationship, which he co-wrote with his friend, former ABC reporter Corey Hague.

The first part outlines options for saving a relationship and the second part is how to make it through the “brutal process” of an inevitable break-up.

More women initiate divorce

The 2016 Census found that 41.5 per cent of divorces were from joint applicants while 32.5 per cent of single applicants were initiated by women.

“There’s a significant percentage where it’s women initiating and a lot less where it is men initiating”, he said.

While the initiator may have spent much time thinking about the separation, the non-initiator was quite often taken by surprise.

“It will come somewhat out of left field and it can be quite a period of crisis and distress when it’s done in that way because they then have to start dealing with it, whereas the other person is much further down the path,”, Mr. Stevenson.

“When that break up happens — you’re sort of out on your own.”

Mr Stevenson said he felt the same when his own marriage ended.

“Things were slowly deteriorating, and I didn’t realise it until one day the writing was on the wall and it hit me — it was like ‘boom’,”., Mr. Stevenson.

Divorce ‘harder on men’

Mr Wiseman said divorce was harder on men largely due to the higher levels of social isolation many men experienced.

He cited a 2015 survey by Beyond Blue that revealed that 25 per cent of men between 35 and 65 had few or no social connections.

Often in a relationship, Mr Wiseman said, the woman would play the role of social secretary, so when a relationship did end men tended to re-partner much sooner with little time to process their emotions.

Of those relationships men did have with friends, many of them tended to be “active” relationships.

“They might go off to the football together or the pub together or play golf together, but they may not necessarily talk about what’s going on in their lives and how they’re managing or not managing,”., Mr. Stevenson.

Because men generally tended to be solution-oriented, Mr Stevenson used a crisis intervention model in his book as well as worksheets.

Some of the immediate strategies involved making a commitment to the need for change including strategies in being proactive, finding support, and planning responses.

He said language was a crucial strategy that formed part of acceptance.

One piece of advice for men was to relinquish control by agreeing with their partner’s opinions instead of automatically defending themselves.

Family Violence and Cross-examination of Parties Scheme

Amendments to the  Family Law Act 1975 (Cth) have been made that provide protection to victims of family violence who are cross-examined as part of family law proceedings.

From 10 September 2019, personal cross-examination will be banned in family law proceedings in certain circumstances where allegations of family violence have been raised. 

Personal cross-examination is where a party asks questions of another party or witness directly, rather than having the questions asked by a lawyer.

Under the scheme, cross-examination will now be conducted by legal representatives.

The scheme is funded by the Commonwealth Government, who will provide $7m, over three years, to legal aid commissions to provide legal representation to parties subject to the ban.

This will remove the fear of being directly cross-examined by their perpetrator as a factor in a woman’s decision whether to settle a matter, and encourage women who have experienced family violence to pursue their legal entitlements. The provision of legal assistance will also support the expeditious resolution of family law matters, assisting women to recover from abusive relationships and obtain economic security for themselves and their children sooner.

For more information, read the Court’s fact sheet.

Finding a Lawyer who will work best for your needs

For many of you, visiting a family lawyer to obtain legal advice after the breakdown of your relationship, whether that be in relation to property, parenting (custody) or divorce matters may be the first time you have ever set foot in a lawyer’s office.

Whether or not you have engaged with a lawyer in the past, obtaining advice can be confronting. I think we can all agree that when visiting a family lawyer, you will have many questions about your current situation. You may have already taken the time to prepare a long list of questions in anticipation. However, how much thought should you put into deciding which lawyer will work best for you?

Arguably, engaging the right family lawyer from the beginning, someone who will meet your individual needs, is the single most important decision of this process. So take the time to consider what you want in a lawyer.

There are a range of skills and qualities you might want to consider:

Your lawyer must have great speaking skills and able to write effectively. Most importantly, a great listener too. Good communication between you and your lawyer is also vital. You may want to think about how you best communicate and then discuss this with your lawyer to achieve an optimum level of communication between you.

A skilled and experienced lawyer, who predominately works in a particular area of law may be considered a subject matter expert, as opposed to a generalist lawyer who works in many different areas of law. You may find a lawyer working in a particular area is usually in a better position to properly present your case.

A lawyer needs to understand you and your needs to prepare legal strategies for your case. The practice of law involves absorbing large quantities of information, and then using that material logically and efficiently to best present your case and get the best possible outcome for you and your family.

A great lawyer typically has a passion for a particular practice area. A specialist lawyer may practice in the area of their passion for most of their legal career.

Family law involves complex situations and central to that is obtaining instructions. Making sure your family lawyer is going to be available when you need them will be a valuable tool you will not want to do without.


CopperTree Family Law is a boutique family law firm based in Erina on the Central Coast with a focus on providing traditional customer service, and tailoring to individual needs. We are proactive, keeping in touch with you during the process and focusing on what matters to you. We will listen to your story and find out what matters, our interest is yours.

Get in touch with us today for a consultation.

High Court Decision – June 19th 2019

High court decision

On 19 June 2019, the High Court of Australia handed down a land mark decision which turns on the definition of “parent” under the Family Law Act (“the Act”). Although in the general course of matters, the parents of a child, for the purposes of the legislation, are easily identifiable. Sometimes, and particularly where artificial insemination is involved, it is not always straight forward.

In this matter of Masson & Parsons, a man donated sperm to a woman, with the intention that he would support and care for the child. There was no doubt that the man was the biological father. However, was he a “parent” of the child by legal definition and therefore entitled to seek relief in the Family Court in respect of parenting orders?

At the time of trial, which was some years after the donation of sperm, the court found the man had an ongoing role of financial support, health, education, general welfare and had an extremely close and secure attachment with the child.

Although the Judge at first instance decided the man did not qualify as a parent under section 60H of the Act (the section which provides rules in respect of the parentage of children born of artificial conception procedures), Her Honour did go on to find that he was a parent within the “ordinary meaning of the word.”

On appeal, the Full Court of the Family Court found that the father was not a parent by virtue of the Status of Children Act, which expressly states the man is not a parent as a result of the artificial insemination.

https://coppertreefamilylaw.com.au/45th-family-court-anniversary/Ultimately, the High Court agreed with the trial Judge and found the man was a parent within the “ordinary meaning of the word” and thus he was entitled to seek relief from the Family Court in respect of parenting orders.

Planning for the Future

With National Advance Care Planning Week upon us, it is a reminder for us to plan for the future. It is a good time for each of us to reflect on what arrangements we should put in place. Arrangements for our health and personal care as we age and to encourage our loved ones to do the same.

Thinking about one’s health and personal care for the future is not only a consideration for the elderly or frail. It is also for each of us who want to have a say about what care we receive when we are unable to make those decisions for ourselves.

Importantly, we need to identify the values we hold, the beliefs we have and the preferences we would like our loved ones to consider when making decisions on our behalf. Planning for the future includes:

Planning for future

 1. Considering and Completing an Advance Care Directive

An Advance Care Directive is a document which sets out your values, beliefs, and preferences. If your Guardian is required to make a health decision on your behalf, they are able to confidently refer to the Advance Care Directive. Your guardian can then make a decision based on the information previously provided by you.  In my view, this also removes some of the burdens of making these decisions from your loved one.

An Advance Care Directive is not a legal document and there is no specific form that it must take. Your doctor or health care professional can assist and guide you in this process.

Once you have thought about what health care choices you wish your loved ones to make on your behalf, you will then need to give your loved ones the legal power to make these decisions on your behalf.  This is done through a document called “Appointment of Enduring Guardian.”

considering and complaining

 2. Appointing a Guardian (a substitute decision-maker).

decision maker

You are only able to appoint an Enduring Guardian whilst you are able to understand the effect of bestowing decision making powers on your loved ones.  Unfortunately, if you are not capable of understanding the power you are giving to your loved ones, then there is another formal legal process they have to go through to be appointed as your Guardian. It is a more complicated process, but we are able to guide you through the process.

Taking the time to think about what is important to you, talking to your loved ones about your wishes for the future and putting in place a legal guardian is an important topic for all of us.  Sadly, and oftentimes this area is only addressed in times of urgent need.  If we have these conversations early, we have the opportunity to work out what is really important and convey that to our loved ones.

If you would like to appoint an Enduring Guardian, we would love to assist you. CopperTree Family Law finds what matters to you.

National Family Violence Website

A new website available dedicated to assisting people affected by family violence. National Legal Aid in conjunction with the Commonwealth Attorney-General’s Department has invested in creating this website.

The new national website for people wanting to understand the law in Australia, and where to find help.

The website has free, easy to understand information about:

domestic and family violence

Domestic and Family Violence

  • What is family violence?
  • Myths and understanding
  • How does it affect children
  • Online safety
  • Staying safe
  • What is elder abuse
family law

Family Law

  • How does the system work
  • Arrangement for children
  • Divorce and separation
  • Dividing property after you separate
  • What is spousal or defacto maintenance
  • How to get child support
  • Fears for your safety at court
  • How to prepare for court
child protection

Child Protection

  • What is it
  • How does the Department get information about my family
  • Tips for working with the department
  • What will happen if the Department decides to remove my children
  • Going to court
  • What can I do to help me get my child back
  • What can I do if I am unhappy with the decision made by the court
  • Things have changed and I want my child back, what can I do?
  • Who do I call if I’m worried a child is at risk of harm?

apprehended domestic violence orders

Apprehended Domestic Violence Orders

  • What is it
  • How do Domestic Violence Orders get made?
  • What can it stop
  • What happens in court
  • How do I get my stuff back
  • What happens if someone breaks an order
  • Can I change, end or extend the order
  • What will happen if I move interstate?
  • Can I make arrangements for children when there’s an order?
  • What happens to a person’s visa if there’s domestic and family violence?

The website can be translated into different languages. It also contains useful factsheets that can be downloaded or printed.

If you are experiencing family violence or wish to know more on this subject, visit www.familyviolencelaw.gov.au or contact CopperTree Family Law on (02) 4369 6838 for further information.

CopperTree Family Law finds what matters to you.