Beyond Borders: International Family Law

Susan Warda
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Beyond Borders: International Family Law is an Australian podcast that explores the complexities of family law across international lines. Hosted by legal experts drawing from real world cases, the podcast explores topics such as cross-border custody disputes, international property settlements, child abduction cases, and the enforcement of legal agreements across jurisdictions.  If you and your partner are going through a separation that crosses international borders, Beyond Borders delivers clear insights, expert interviews, and practical advice.

Episodes

  1. Sep 27

    Trans-Tasman Ties: Family Law Across Australia and New Zealand

    In this episode of Beyond Borders: International Family Law, hosts Susan Warda and Antonia Marran from Mills Oakley are joined by Amanda Donovan, Director at Haigh Lyon Lawyers in Auckland, for a detailed comparative look at family law across the Tasman. Amanda brings nearly three decades of legal experience across Family Law, Estates and Trusts and Mediation.  Together, the panel breaks down how legal frameworks in Australia and New Zealand handle key cross-border issues, including: Relocation & Custody: The criteria courts use when evaluating a parent’s request to move across borders with children, the critical role of cooperation, and Hague Convention risks. Property Division: The fundamental differences between New Zealand's equal sharing regime and Australia's four-step "just and equitable" asset pool assessment. Economic Disparity & Maintenance: How both jurisdictions address financial imbalances, career sacrifices, and spousal support. Prenuptial & Financial Agreements: Key validity requirements for contracting-out agreements and binding financial agreements (BFAs), including cross-border enforceability and multi-jurisdictional drafting. Divorce & Separation: A breakdown of requirements, fees, and court procedures for dissolving marriages in each country. If you, a colleague, or a friend are dealing with a relationship breakdown that spans international borders, this episode illustrates why consulting cross-border family law experts early is crucial to securing your family's future.  For further information, contact Susan Warda at Mills Oakley. See omnystudio.com/listener for privacy information.

  2. Aug 10

    Show & Tell vs. Hide & Seek: Navigating Family Law in Australia and Russia

    In this episode of Beyond Borders: International Family Law, hosts Susan Warda and Antonia Marran dive into the stark contrasts and surprising similarities between Australian and Russian family law. Joined by IAFL Fellow and international family law expert Elena Perepechkina from Sky Lawyers in Russia, the panel unpacks how two different legal systems handle the life-changing processes of divorce, property settlement, and international parenting arrangements. In this episode you'll hear about:  Streamlined Divorces: Why getting a divorce is a fast, discrete administrative or judicial process in both Russia and Australia, independent of financial and parenting resolutions. Property Settlements & The Disclosure Dilemma: A side-by-side look at Australia’s "show and tell" system - with its strict four-step evaluation and onerous asset disclosure rules - versus Russia's simpler 50/50 division principle, which carries no legal obligation for financial disclosure. Prenuptial & Marriage Contracts: How binding financial agreements work in Australia compared to Russia's notary-certified marriage contracts, and the strict rules governing what can and cannot be included. Parenting, Relocation, and the Hague Convention: The tactical complexities of international custody disputes, travel bans, and the high-stakes risks of "grab and go" relocations when parents take the law into their own hands. If you, or a friend or colleague, is navigating a cross-border separation, this episode highlights exactly why getting specialised, international legal advice early is critical to protecting your family and your future. For further information, contact Susan Warda at Mills Oakley. See omnystudio.com/listener for privacy information.

  3. Jun 30

    A Marriage Paradise or a Divorce Disaster? Cross-Border Realities of Australian and Italian Family Law

    In this episode of Beyond Borders: International Family Law, Susan Warda is joined by renowned Italian family law expert Armando Cecatiello to explore the profound differences and tactical dynamics between the family law systems of Australia and Italy. Today they discuss: Front-Loaded vs. Discrete Proceedings: Why Italy's newly reformed system mandates that couples resolve all parenting, financial, and witness evidence simultaneously before a judge, compared to Australia's separate, streamlined approach to independent divorce applications. The Mandatory Dispute Resolution Divide: A look at how Australia requires pre-action disclosure and family dispute resolution, whilst Italy views Alternative Dispute Resolution (ADR) as a strictly voluntary path for genuine matrimonial outcomes. The Italian "Marriage Paradise" Trap: How unsuspecting international couples signing a simple "separation of assets" during an emotional Italian wedding ceremony can find themselves entirely barred from asset division and left only with alimony options upon breakdown. Parenting, Grandparents' Rights, and the Hague Convention: The shared judicial focus on the best interests of the child in relocation cases, Italy's protective statutory rights for extended families and grandparents, and how both nations handle international custody disputes efficiently. The Strategic Race for Jurisdiction: Why international high-net-worth families, particularly those attracted to Italy's favourable tax regimes, must crucially analyse where to secure jurisdiction before a crisis occurs to avoid catastrophic financial results. If you are balancing a lifestyle across multiple countries, this episode emphasises why early cross-border advice from specialised professionals like Susan Warda and Armando Cecatiello is vital to protecting your future. For further information, contact Susan Warda at Mills Oakley. See omnystudio.com/listener for privacy information.

  4. Apr 28

    Australia vs Singapore: Navigating Divorce and Family Law

    In this episode of Beyond Borders, Antonia Marran and Susan Warda turn their focus to family law matters involving Australia and Singapore, exploring the legal, cultural and practical challenges faced by families whose lives span both jurisdictions. They are joined by leading Singaporean family law Shu Mei Hoon of Drew & Napier. With increasing global mobility and a high proportion of international marriages in Singapore, disputes involving children, finances and forum selection are becoming more complex. This episode  unpacks what families need to understand when navigating cross-border family law issues between Australia and Singapore. This episode offers practical, real-world insights for families managing international relationships, assets and parenting arrangements - and reinforces the importance of obtaining early, coordinated advice when family law crosses borders. For further information, contact Susan Warda at Mills Oakley. See omnystudio.com/listener for privacy information.

  5. Feb 23

    Inside the Hague Convention: The Honourable Michelle May on International Child Abduction

    In this episode of Beyond Borders, Antonia Marran and Susan Warda are joined by the Honourable Michelle May to demystify the Hague Convention on the Civil Aspects of International Child Abduction. The conversation explains how the Convention works to ensure children wrongfully removed across borders are returned to their country of habitual residence so that custody disputes can be decided in the proper jurisdiction — not relitigated internationally. The episode outlines the strict time limits for action, how applications are made through Central Authorities, and the limited defenses available, including consent, a child’s objections and the “grave risk of harm” exception. With practical insights into court processes, evidence and early intervention, this episode highlights why urgent legal advice is critical in cross-border parenting disputes. For more information, contact Susan Warda at Mills Oakley. See omnystudio.com/listener for privacy information.

  6. Jan 26

    International Family Law: An Australian and Turkish Perspective

    In this episode of Beyond Borders, Antonia Marran and Susan Warda turn their focus to family law matters involving Australia and Turkey, exploring the legal, cultural and practical challenges faced by families whose lives span both jurisdictions.  They are joined by leading Turkish family law expert and Fellow of the International Academy of Family Lawyers (IAFL), Mert Yalcin of Yalcin & Toygar. With increasing global mobility, disputes involving children, property and international enforcement are becoming more common. This episode unpacks what families need to understand when navigating cross-border family law issues between Australia and Turkey. The discussion covers: Key differences between the Australian family law framework and the Turkish Civil Code How family law proceedings are approached and determined in each jurisdiction International child abduction and the Hague Convention, including how it operates in Australia vs Turkey, practical enforcement and common pitfalls in cross-border child matters Cross-border parenting disputes and international relocation risks Recognition and enforcement of parenting orders Marriage, divorce and property settlement issues across jurisdictions Spousal maintenance considerations in international cases The growing role of mediation, cultural sensitivity and social media as evidence This episode offers practical, real-world insights for families navigating international family law matters — and reinforces the importance of early, coordinated advice when family law crosses borders. For further information, contact Susan Warda at Mills Oakley - https://www.millsoakley.com.au/our-people/susan-warda/ See omnystudio.com/listener for privacy information.

  7. 11/30/2025

    Navigating French-Australian Family Law

    In this episode of Beyond Borders, we explore the key differences between French and Australian family law and what couples should know when separation spans two countries. We unpack practical questions faced by French-Australian families including: How do couples initiate separation and divorce across borders? If you married in Australia but now live in France (or vice versa), where should you begin the separation process? How can you ensure a fair division of assets spread across continents? Are prenups enforceable from one country to another? How do courts in each country decide parenting arrangements and relocation disputes? Does visa status or dual citizenship influence the outcome? Host and accredited family law specialist Antonia Marron is joined by leading international family law experts and Fellows of the International Academy of Family Lawyers (IAFL) Susan Warda of Mills Oakley Sydney and Elodie Mulon of Chauveau Mulon & Associes in France.  Their discussion offers clear, practical guidance around how to prepare legally before issues arise. Whether you’re a couple navigating life between France and Australia, or a professional advising cross-border families, this episode provides the clarity and confidence to move forward. See omnystudio.com/listener for privacy information.

  8. 11/02/2025

    International Prenups (Binding Financial Agreements)

    In this episode of Beyond Borders, we explore the crucial role of prenuptial agreements and how they operate on a global stage.  Our family law experts unpack what a prenuptial or binding financial agreement really is and how it can eliminate the need for court intervention by clearly defining who retains which assets if a relationship ends. We discuss why international couples must ensure their prenups are carefully drafted to withstand the challenges of differing legal systems, and reveal common pitfalls that can render an agreement unenforceable across jurisdictions. The episode also delves into: When and why couples with cross-border assets or wealth disparity should consider a prenup. How postnuptial agreements can safeguard both partners when circumstances change after marriage. Real-life case studies showing how courts have upheld, or overturned, prenups around the world. Host and family lawyer Antonia Marron is joined by leading international family law experts and Fellows of the International Academy of Family Lawyers (IAFL) Susan Warda of Mills Oakley Sydney, Clare Wiseman of Irwin Mitchell in the UK and Steven Mindel of FMBK Law in the US. See omnystudio.com/listener for privacy information.

  9. 09/17/2025

    International Parenting Issues

    In this episode of Beyond Borders, we explore the complex and often emotional parenting challenges that arise during and after separation - particularly when families are spread across countries. With a focus on international family law, we unpack key legal, practical, and cultural considerations for separated parents navigating life across borders. Topics include: Where Will the Children Live?Legal frameworks for custody and residency when parents live in different countries. Co-Parenting Across BordersHow to manage shared parenting across time zones and legal systems. Relocation and the LawWhat happens when one parent wants to move overseas with the children. The Child’s Voice in Custody CasesHow various jurisdictions approach the child’s wishes. Navigating Cultural DifferencesThe impact of different parenting styles, expectations, and cultural norms. Host and family lawyer Antonia Marron is joined by leading international family law experts and Fellows of the International Academy of Family Lawyers (IAFL) Susan Warda of Mills Oakley Sydney, Clare Wiseman of Irwin Mitchell in the UK and Steven Mindel of FMBK Law in the US. See omnystudio.com/listener for privacy information.

  10. 08/14/2025

    International Divorce and Separation

    In this episode of Beyond Borders, we delve into the complexities of international divorce and separation, focusing on the unique challenges faced by individuals navigating divorce across different jurisdictions. We explore the intricacies of jurisdictional conflicts and how to decide the best place to file for divorce, particularly when parties are married in one country and seek divorce in another, including same-sex couples. We’ll also discuss the recognition of foreign marriages and the varying requirements for marriage in Australia, the UK, and the US. Listen as we unpack the importance of establishing domicile, understanding the most favourable jurisdiction for filing, and the role of limitation periods in financial settlements. We’ll cover how defacto couples living abroad handle separation, and the growing influence of technology in streamlining the divorce process outside of the courtroom, especially with the increase in divorce applications. With insights into delays across jurisdictions and strategies for protecting a client’s reputation—especially for high-profile clients—we provide a comprehensive guide to navigating the international divorce landscape. Don’t miss this essential conversation on cross-border family law issues and non-court dispute resolution options! Host and family lawyer Antonia Marron is joined by leading international family law experts and Fellows of the International Academy of Family Lawyers (IAFL) Susan Warda of Mills Oakley Sydney, Clare Wiseman of Irwin Mitchell in the UK and Steven Mindel of FMBK Law in the US. See omnystudio.com/listener for privacy information.

  11. 07/17/2025

    International Financial and Property Settlements

    In this episode of Beyond Borders: International Family Law, we explore the unique challenges of dividing property and finances when a relationship spans more than one country. From real estate and businesses to investments and superannuation, cross-border settlements often involve navigating differing legal systems, disclosure obligations, and tax consequences. We unpack the topic through the lens of expert insight for the layperson - highlighting the practical challenges that arise including when a spouse may be concealing overseas assets. Our guests discuss the importance of working with an internationally experienced family law specialist who can draw on a global network, including private investigators and accountants, to trace assets to ensure proper disclosure, and initiate proceedings in the most appropriate jurisdiction. You'll also hear about why Australia's strict disclosure rules don’t always apply overseas, potential tax consequences involved in cross-border settlements and freezing international assets. If you're navigating an international separation, this episode is essential listening to understand why early legal advice from a globally connected Australian family law expert can make all the difference. Host and family lawyer Antonia Marron is joined by leading international family law experts and Fellows of the International Academy of Family Lawyers (IAFL) Susan Warda of Mills Oakley Sydney, Clare Wiseman of Irwin Mitchell in London, UK and Steven Mindel of FMBK Law in California, USA. See omnystudio.com/listener for privacy information.

  12. 06/05/2025

    An Introduction to International Family Law Issues

    'In this episode, we provide a vital introduction for separating couples who may be navigating the complex world of international family law. Whether you're living abroad, married to a partner from another country, or have recently moved across borders, understanding the key legal differences between the Australian, UK and US systems can have a significant impact on your divorce or separation outcomes.  We’ll touch on why it’s crucial to know which country’s laws will apply to your case and how jurisdiction is determined, setting the scene for future episodes on financial and property settlements, custody arrangements, spousal support and prenups. Host and family lawyer Antonia Marron is joined by leading international family law experts and Fellows of the International Academy of Family Lawyers (IAFL) Susan Warda of Mills Oakley Sydney, Clare Wiseman of Irwin Mitchell in the UK and Steven Mindel of FMBK Law in the US.   If you would like to get in touch with any of our international family law experts from this podcast, please don’t hestitate to reach out: Susan Warda – https://www.millsoakley.com.au/our-people/susan-warda/ Partner & Accredited Specialist Family Law Mills Oakley Fellow of the International Academy of Family Lawyers™ (IAFL) swarda@millsoakley.com.au www.millsoakley.com.au   Antonia Marran - https://www.linkedin.com/in/antonia-marran-a4b2331b9/ Associate, Mills Oakley amarran@millsoakley.com.au   Clare Wiseman - https://www.irwinmitchell.com/our-people/clare-wiseman Partner & National Head of Family Law Team Fellow of the International Academy of Family Lawyers™ (IAFL) Clare.Wiseman@IrwinMitchell.com www.IrwinMitchell.com   Steven A. Mindel - https://fmbklaw.com/attorneys/steven-a-mindel/ Managing Partner & Certified Family Law Specialist Feinberg, Mindel, Brandt & Klein, LLP  Fellow of the American Academy of Matrimonial Lawyers™ (AAML) Fellow of the International Academy of Family Lawyers™ (IAFL) Smindel@fmbklaw.com www.fmbklaw.com See omnystudio.com/listener for privacy information.

  • 12 Episodes

About

Beyond Borders: International Family Law is an Australian podcast that explores the complexities of family law across international lines. Hosted by legal experts drawing from real world cases, the podcast explores topics such as cross-border custody disputes, international property settlements, child abduction cases, and the enforcement of legal agreements across jurisdictions.  If you and your partner are going through a separation that crosses international borders, Beyond Borders delivers clear insights, expert interviews, and practical advice.

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