Family Law Myths: Don’t Fall for These 5 During Separation

Listen to this episode if…

• You're in the middle of a separation and unsure what advice to follow
  
  

• Friends, family, or Facebook have told you "what to do"
  
  

• You’ve heard you can’t leave the house without losing everything
  
  

• You feel pressured not to bring up domestic violence
  
  

• You’re confused about disclosure, super splitting, or property rights

 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. This discussion is based in Australia. ALSO TRIGGER WARNING Discussions of Family Violence

Have you been told that if you leave the house, you lose everything? Or that you shouldn't mention domestic violence in family court? These are just a few examples of the harmful myths in Australia we hear all too often in separation and divorce.

In this episode, Laura & Lyn expose some of the worst legal advice circulating in family law and explain why it can derail your case, delay your outcome, or damage your safety and rights.

They break down five of the most common (and dangerous) misconceptions, share what the law really says, and help you feel more confident about asking the right questions of your lawyer and making informed decisions. 

⏱️ Episode Timeline: Episode 221 Family Law Myths Don’t Fall for These 5 During Separation

00:00 – Introduction: Debunking Common Family Law Myths
Why bad legal advice is everywhere—and how it can derail your case.

01:42 – The Real Impact of Misinformation in Separation and Divorce
What happens when you follow outdated or incorrect legal advice.

05:37 – Myth #1: “If You Leave the House, You Lose Your Property Rights”
Why leaving the family home doesn’t mean forfeiting your share.

12:48 – Myth #2: “You Must Have Every Document Before You Can Settle”
The truth about financial disclosure and realistic expectations.

19:40 – Myth #3: “Don’t Mention Domestic Violence in Court”
How this dangerous myth puts safety and outcomes at risk.

24:19 – Understanding Family Violence and Property Entitlements
How abuse can affect how assets are divided.

25:19 – Should You Mention Domestic Violence in Family Court?
Legal perspectives on disclosure and protection.

25:50 – Spousal Maintenance: Know When and How to Ask
Why it’s often overlooked—and how to advocate for yourself.

26:43 – Myth Busting: Are Addbacks Still Used in Property Settlements?
Clarifying a misunderstood financial concept in family law.

28:57 – Myth #5: “Superannuation Must Be Split 50/50”
Exploring how super splitting really works under Australian law.

32:16 – How to Educate Yourself and Work Better with Your Lawyer
Tips for being informed, assertive, and legally empowered.

35:32 – Final Thoughts and How to Enrol in the Divorce Course
Practical next steps and how to get more support.

41:53 – Listener Reviews and Community Shoutouts
Sharing your feedback and how to get involved.

Resources

Central Practice Directions

https://www.fcfcoa.gov.au/fl/pd/fam-cpd

 

Free Disclosure Checklist

https://www.thedivorcecourse.com.au/disclosurechecklist

Episode Links

 

Superannuation and Equalising super https://youtu.be/2BQEHmIwjio?si=kWg9F8c8rh4X8HqB

🚨 Support Services:

• 1800 RESPECT (Family Violence Support – Australia)
  
  

• Lifeline: 13 11 14 (Crisis Support – Australia)

📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances.

 

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