At Carroll Goldsmith Lawyers, we help families across the Mornington Peninsula feel informed, supported and more in control. Understanding the facts early can make a significant difference to your confidence and peace of mind.
Below, we explore five common myths and share the truth behind them, so you can take your next steps with clarity.
1. Myth: Separation means everything is split 50/50
Many people believe that separating couples automatically divide their assets equally. In reality, there is no fixed formula under Australian family law.
When considering what’s fair, the law takes a range of factors into account, including:
- Financial and non-financial contributions by each person
- The length of the relationship
- Future needs such as health, income and caring responsibilities
- Whether one person received an inheritance or significant gift
- Each person’s ability to earn an income after separation
Every family is unique. A fair outcome balances what each person contributed with what they may need moving forward.
Our advice: Early legal advice can help you understand what a reasonable property division may look like in your circumstances, giving you clarity from the beginning.
2. Myth: You must be divorced before dividing property
You don’t need to be divorced to finalise a property settlement. In fact, many couples choose to resolve property matters before applying for divorce.
Divorce can only occur after 12 months of separation. Once granted, you then have 12 months to complete your property settlement — which can add pressure if left too late.
Our advice: Starting property discussions early often reduces stress and provides more certainty. We’ll help you understand your rights and the best timing for your situation.
3. Myth: A statutory declaration makes our property settlement legal
A statutory declaration may record what you and your former partner have agreed on, but on its own, it does not create a legally binding settlement.
To ensure your agreement is enforceable and protects both parties, it must be formalised through:
- Consent Orders approved by the Court, or
- A Binding Financial Agreement prepared with independent legal advice
Our advice: Taking this extra step provides legal protection and peace of mind. We’ll guide you through the process to make sure your agreement is clear, final and secure.
4. Myth: Parents are automatically entitled to 50/50 child custody
There is no rule that children must spend equal time with each parent after separation. The law focuses on one key consideration: what is in the child’s best interests.
While parents often share equal parental responsibility, this relates to major decisions about a child’s life — it does not automatically mean equal time.
Parenting arrangements are unique to each family and may consider:
- Your child’s age, routine and needs
- Safety and wellbeing
- Work commitments
- Distance between households
- The child’s relationship with each parent
Our advice: There’s no one-size-fits-all arrangement. We can help you create a parenting plan that supports your child’s wellbeing and suits your family’s lifestyle.
5. Myth: I will only see my children every second weekend
This arrangement works for some families, but it is not the default. Modern parenting plans are flexible and designed to reflect each family’s circumstances.
Some families choose week-about arrangements. Others prefer shorter, more frequent time with each parent. The goal is to support your child’s wellbeing and maintain meaningful relationships, provided it is safe and appropriate.
Our advice: A personalised parenting plan can provide stability for your children and clarity for you. Our team can help you explore your options and find an arrangement that works best.
Clear, caring support from your Mornington family law team
At Carroll Goldsmith Lawyers, we understand how overwhelming family law matters can feel. Whether you’re navigating separation, working through parenting arrangements or finalising a property settlement, you don’t have to do it alone.
We’re here to provide practical advice, genuine care and clear guidance every step of the way. Our team proudly supports families across Mornington, Mount Eliza and the wider Peninsula.
Ready to take the next step with confidence?
Book a confidential consultation today and let our team help you move forward with clarity and peace of mind.