Common Myths about Divorce and Separation

Divorce is one of the most challenging transitions anyone can face. At Orman Solicitors, we regularly meet people who begin the process with assumptions shaped by what they have heard from friends, media or past experiences. These misconceptions often create confusion and additional stress at a time when clarity matters most.

Understanding how Australian Family Law applies to Divorce and Separation can help you make informed decisions, protect your children and safeguard your financial future.

Parenting Myths:

Myth 1: Mothers always get full custody

There is no automatic rule that children live with their mother. Australian Family Law focuses on the best interests of the child, which may result in various arrangements. Parenting plans are tailored to each family, and both parents are encouraged to remain involved unless safety concerns exist.

Myth 2: The Court prefers shared care

The Court does not start with an assumption that children should spend equal time with each parent. The focus is always on what arrangement supports their welfare, safety and stability. Shared care may be appropriate for some families but not for others.

Myth 3: A parenting plan is the same as court orders

Parenting Plans are not enforceable in Court. Only consent orders or court issued parenting orders carry weight. 

Myth 4: Parenting orders cannot change

Parenting arrangements can be updated if circumstances change substantially. The aim is always to support the child as they grow.

Myth 5: Children can choose where they live, once they’re 12.

Children’s views are important; however, the Court makes decisions based on what’s in their best interest, not just their preferences.

Property Settlement Myths:

Myth 6: Property is always split 50/50

A 50/50 split is not the default position. Property settlement considers contributions (both financial and non-financial), the future needs of each party (like income earning capacity and who will take care of the Children) and what is just and equitable. Depending on the circumstances, the division could be equal or fall either side of that midpoint.

Myth 7: If I paid for everything, I keep everything

Both financial and non-financial contributions are considered. This includes parenting, homemaking, and supporting a partner’s career. The courts assesses the full picture over the course of the relationship.

Myth 8: You must be divorced before you can divide property

You do not need to finalise your divorce to begin a property settlement. In fact, many couples sort out their finances well before an application for divorce is filed. The key deadlines only apply after the divorce is granted. Applications for property settlement must be made within 12 months of a divorce being finalised or within two years of the end of a de facto relationship.

Myth 9: Leaving the family home means you lose your rights

Moving out does not mean you give up a claim on the property. Your legal interest continues regardless of who stays in the home. Sometimes leaving is the safest or most practical choice, and the law recognises that.

Myth 10: The parent who earns less gets automatically favoured

Property settlement is not about favouring one person over another. It is about assessing financial and non-financial contributions as well as future needs. The higher or lower income of either party is only one factor among many.

Myth 11: Superannuation cannot be divided

Superannuation is part of the property pool and can be split during a property settlement. Although it cannot be withdrawn early, it can be adjusted between parties through a superannuation agreement or court order. 

Myth 12: Separation must be agreed to

One person can decide to end the relationship, and clearly communicate this to the other party through words or actions such a moving out of a shared home. You can also be considered separated even if you still live under the same roof, provided certain conditions are met. 

Myth 13: You have to be married to make a claim on property

De facto couples (including same-sex couples) have similar rights to married couples, as long as certain criteria have been met, such as living together for 2 years or having a child together.

Myth 14: Court is the only option

Most families never step inside a courtroom. Negotiation, mediation and consent orders resolve the majority of matters. Working with an experienced divorce lawyer can help you reach a practical outcome without unnecessary conflict.

Myth 15: You can handle separation and a property settlement without legal advice

While some individuals self-manage their separation, overlooking a legal detail can lead to long-term consequences. Even the most amicable separation can benefit from legal advice. A lawyer can help ensure your arrangements are clear, fair and legally sound, saving stress and money later on.

When you know the facts, you protect your future

Separation is already difficult. Misunderstandings only make it harder. Reliable legal guidance gives you confidence as you navigate each step. Orman Solicitors is here to support you with empathy and clear direction.

Read Next: Common Separation Mistakes & How to Avoid Them