Think you know how family law works? A lot of people walk into the legal process with assumptions that end up working against them. Misinformation can lead to poor decisions, unrealistic expectations, or worse, legal outcomes that could have been avoided.
Whether you’re dealing with separation, parenting issues, property division, or anything in between, understanding what’s true (and what’s not) can make a big difference. Here are seven common myths about family law that you don’t want to fall for.
1. “If we weren’t married, we don’t need to worry about legal stuff”
This is one of the most damaging misconceptions. A lot of couples who have lived together for years assume that because they never legally tied the knot, they won’t have to go through the same legal processes as married couples.
But in many cases, de facto relationships are treated much the same as marriages under family law, especially when it comes to property division, financial settlements, and parenting responsibilities. If you’ve lived together for a certain period, shared finances, or raised children together, chances are the law will consider you a couple—on paper, at least.
It’s always best to get clarity early. A reputable family lawyer Sydney can help you understand where you stand and what your rights and responsibilities look like, even if you were never officially married.
2. “The mother always gets the kids”
Family law doesn’t automatically favour one parent over the other based on gender. This outdated assumption continues to do harm, particularly to fathers who assume they don’t have a fair shot at shared or primary care.
What the law actually prioritises is the best interest of the child. That includes their safety, emotional well-being, connection with both parents, and a stable routine. The court considers a wide range of factors when making decisions about parenting arrangements.
So, no—there’s no automatic bias written into the law. But if one parent has been the primary carer or there are concerns around safety, those things can and do influence decisions. It’s not about favouritism. It’s about what works best for the child.
3. “Everything gets split 50/50”
Another common belief is that property or assets will be divided straight down the middle. It sounds fair, but it’s not how the law usually works.
Property division considers a few different things, such as what each person brought into the relationship, their contributions (both financial and non-financial), and their future needs. That includes things like income-earning capacity, who will be the main carer of any children, and even age or health factors.
So while some cases might end up close to an even split, many don’t. It’s a tailored approach, not a formula. Assuming you’ll get half or worrying that you’ll lose everything doesn’t reflect how decisions are actually made.
4. “We agreed on everything, so we don’t need legal advice”
It’s great if you and your ex-partner are on good terms and have worked out a plan together. But it’s still wise to get independent legal advice. Why? Because even the most amicable agreements can run into problems down the track if they’re not made legally binding.
A verbal agreement or a written document you both sign might not be enforceable. If circumstances change later, for example, someone remarries, moves away, or faces financial difficulties, you want your agreement to be backed by law. That means formalising it through the proper legal channels.
You don’t need to start a fight to do this. It’s just about protecting both sides and making sure everything is fair, clear, and secure for the future.
5. “Cheating affects who gets what”
Infidelity might feel like it should matter when you’re dividing assets or deciding on parenting arrangements. It’s hurtful, of course, and can lead to a lot of anger and resentment. But from a legal perspective, it doesn’t usually play a role.
Family law is generally not about blame. The courts focus on practical issues: financial contributions, the welfare of children, future needs, and how to fairly separate lives moving forward. Unless the behaviour directly impacts parenting capacity or safety, it’s not going to determine who gets what.
That said, financial misconduct like secretly spending joint funds or trying to hide assets can be a different story. But personal betrayal alone, painful as it is, doesn’t affect your legal entitlements.
6. “If I leave the house, I lose my rights to it”
Some people stay in difficult or even unsafe living situations because they believe walking out means forfeiting any claim to the family home. This isn’t true.
Leaving the home doesn’t equal giving it up. Your legal entitlement to property is based on your contributions and rights under the law, not who stayed and who left. In fact, staying can sometimes be used against someone if it escalates conflict or creates stress for children.
If you’re unsure, get legal advice before making a move. But know this: protecting your safety and well-being won’t damage your case.
7. “We’ve separated, so now it’s over”
Separation might feel like the end of the relationship, but it’s not always the end of the legal process. Until matters like parenting arrangements, property division, and financial settlements are formally dealt with, loose ends can cause future complications.
For example, if you don’t finalise a property settlement soon after separation, and one person later comes into money or debt, that can affect what the other is entitled to. Or if parenting arrangements are vague and unformalised, you might face ongoing conflict or misunderstandings.
Separation starts the clock, but it doesn’t stop the need for resolution. Getting everything properly sorted might take time, but it’s worth it for peace of mind.
Get Clear Before You Act
It’s easy to get caught up in assumptions or what friends and family say. But family law is complex, and each case is unique. Acting on a myth can lead you down the wrong path, especially when emotions are running high.
Getting advice early, asking questions, and avoiding knee-jerk decisions can make a huge difference in how things play out. What you need is clarity, not guesses. So before you act, make sure you understand the reality, not the rumour.