Many people going through a separation or divorce feel lost because of all the family law myths they’ve heard from friends, social media, or television.
These myths can lead to confusion, fear, and bad decisions. The truth is that family law in Australia focuses on fairness, safety, and the best interests of everyone involved, especially children.
As an expert divorce lawyer, I’ve seen how clearing up these family law myths helps people feel more informed and confident during difficult times.
Let’s take a look at some of the most common family law myths and explain what’s actually true.
Is It True That Mothers Always Get Custody? Unpacking Family Law Myths
One of the most common family law myths is that mothers always get custody of the children. This is not true. Australian family law does not favour one parent over the other just because of their gender.
The law looks at what is best for the child. This includes things like the child’s safety, their relationship with each parent, and how involved each parent has been in the child’s life.
Both parents are encouraged to stay involved in their children’s lives, and many families end up with shared parenting arrangements.
So no, mothers do not automatically get custody. This is one of those family law myths that continues to cause confusion and stress for both mums and dads.
Read also: Do Fathers Have Equal Rights in Child Custody Cases in Australia?
Do Assets Automatically Get Split 50/50 In Divorce? Clearing Up Family Law Myths
Another big family law myth is that when you get divorced, everything is split right down the middle, 50/50. While that may sound fair, the court doesn’t always divide property this way.
Instead, the court considers things like how long the couple was together, how much each person contributed (financially and non-financially), and what each person will need in the future.
If one person stayed home to raise the children while the other worked, both contributions are seen as equal, but it doesn’t always mean each person walks away with exactly half.
So while some people may end up with a 50/50 split, it’s not guaranteed. This is another example of family law myths making things seem more simple than they really are.
Read also: Non-Financial Contributions: What the Court Recognises
Can You Get A Divorce Without Settling Finances First? One Of The Most Misunderstood Family Law Myths
Many people believe that they need to settle all their money matters before applying for a divorce. This is one of the more confusing family law myths, and it’s simply not true.
In Australia, you can apply for a divorce once you’ve been separated for at least 12 months. Sorting out property or money is a separate process called a property settlement.
While it’s smart to deal with finances early, it doesn’t stop you from getting divorced.
It’s important to understand that divorce is the legal end of the marriage, while property and parenting matters are handled in other parts of the law.
So no, you don’t need to solve everything all at once, another reason why clearing up family law myths is so helpful.
Read also: Steps Involved in the Property Settlement Process with Lawyers in Ipswich
Do De Facto Couples Have Fewer Legal Rights? Separating Fact From Family Law Myths
There’s a common belief that only married couples have legal protection when they break up. But this is one of those family law myths that can leave people in de facto relationships feeling unprotected.
In truth, de facto couples have similar legal rights as married couples when it comes to dividing property, parenting arrangements, and financial support.
The Family Law Act treats de facto couples very much the same, especially if they’ve lived together for at least two years or have children together.
So if you’re in a de facto relationship, don’t fall for this family law myth. You have the right to seek a fair outcome just like a married couple.
Is Court The Only Way To Resolve Family Disputes? Debunking Common Family Law Myths
People often think that going to court is the only way to deal with a separation. This is one of the most stressful family law myths, and thankfully, it’s not true.
Most family matters can be sorted through mediation, negotiation, or family dispute resolution. These are less formal and often quicker and less expensive than going to court. Only the most serious or complicated cases end up in court.
The idea that every separation leads to a courtroom battle is a family law myth that makes people feel more anxious than they need to. In reality, there are peaceful and respectful ways to sort things out.
Breaking Free From Legal Myths Helps You Move Forward
By clearing up these family law myths, you’re better able to make decisions that suit your life. Believing the wrong information can make a hard situation even worse. The truth is, every family situation is unique, and outcomes will depend on your circumstances—not on myths or what someone else experienced.
Whether you’re going through a divorce, parenting conflict, or property split, don’t rely on hearsay. Make sure you have the facts.
Need Help Understanding Your Rights?
Do you have questions about what’s real and what’s not when it comes to family law? At Ipswich Family Lawyers, we help you understand your options clearly and calmly. Whether you’re dealing with separation, parenting concerns, or property settlements, our team is here to support you with practical legal advice and personalised care.
Book a confidential consultation with our experienced family lawyers in Ipswich today and start taking steps toward clarity and peace of mind.
