Myth: After a certain period of time, my spouse is entitled to half of our assets

There is no automatic entitlement to a 50/50 division of property, and parties are often surprised to hear that it can be quite an uncommon outcome. Property settlements in Australia are determined according to the considerations set out under Section 79 (for married couples) and Section 90SM (for de facto couples) of the Family Law Act 1975 ("the Act"). More often than not, it is the case that there is a basis for an adjustment to one party over the other due to the considerations set out under these sections.

Myth: After a certain age, children are allowed to nominate what they wish their care arrangements to be

The considerations a Court must have regard to when deciding on children's care arrangements are set out under Section 60CC of the Act. This includes Section 60CC(2)(b), being any views expressed by the child. The Act defines "child" as a person who is under 18 years. While the views expressed by the child are a factor to be taken into consideration by the Court, the paramount consideration for the Court remains the child's best interests.

Myth: The house is in my spouse's name, so I don't have any claim to it

While there can be instances where the Court may find that a party > does not have any claim to a property held in the name of the other > party, this would be the exception rather than the rule. The Act > otherwise recognises that where a party has made contributions toward > the acquisition, conservation and/or improvement of the property > available for division, this creates an equitable interest to that > property.

Myth: Superannuation is excluded from a property settlement

Section 79(3)(a)(i) (for married couples) and section 90SM(3)(a)(i) (for de facto couples) of the Act require the Court, when determining what orders should be made in a property settlement, to first identify the existing legal and equitable rights and interests of the parties in all property. This includes superannuation, as well as any other assets, regardless of their nature or classification.

Myth: When divvying up property, lawyers are only necessary when we can't agree

Certainly, where possible the most cost-effective way to finalise your property settlement is to negotiate directly between yourselves. However, even the most amicable of couples can benefit from engaging their own solicitor to: Ensure they are not selling themselves short in the agreement they have negotiated and it is what family law solicitors refer to as 'within range' (being within the range of what a Court might order if you and your ex spouse were unable to agree); Ensure there are no hidden risks that you are exposing yourself to, e.g. retaining an asset that carries an unrealised debt; and/or Draft up the formal agreement documents to ensure that the agreement reached between you and your ex spouse is binding on you both, and one of you isn't able to circle back in the future for a second bite of the cherry.

Legal Advice

1 May 2026

Family Law: Fact or Fiction

Name: Honan Family Law
Address: Unit 1/61 Holdsworth St, Coorparoo, QLD, 4151, AU
Telephone: 07 3185 2167
Price range: $$$
Rating: 5.0

Family law is an area often shaped by assumptions, half-truths and well-intentioned advice from friends or family who have been through their own separation. Unfortunately, much of what people believe to be true does not reflect how the law actually works in practice. Below, we address five common family law myths and explain the legal reality behind them, to help demystify the process and provide clarity at what is often a stressful and uncertain time.

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