Separation or divorce can be emotionally and legally complex. In family law matters in Australia—such as property settlement, parenting, custody, and de facto relationships—there are common pitfalls people fall into that can lead to long-term financial and personal consequences.. At Lawsworth, we want to help you navigate these hurdles with confidence.Here’s a practical guide to some of the most common mistakes people make and how to avoid them.
1. Delaying Getting Specialist Family Law Advice
One of the biggest mistakes is waiting too long to seek legal advice. Many couples wait until after separation or till a conflict has escalated before seeking legal guidance. Early guidance from an experienced family lawyer helps you plan separation and living arrangements, protect assets, and make decisions aligned with your long-term goals.
2. Relying on Informal Agreements Without Legal Documentation
Verbal or “kitchen-table” arrangements about property splits or parenting may seem easier, but often backfire if they are not formalised (through Consent Orders or Binding Financial Agreements). It allows either party to later challenge it. In family law, having binding legal agreements helps avoid ambiguity and gives you certainty. It also ensures enforceability under the Family Law Act.
3. Letting Emotion Override Practical Considerations
It’s tempting to make decisions based on anger, hurt, revenge or fear. Such decisions can often damage your case. Outcomes are often more favourable when choices are guided by long-term objectives—like financial resources, children’s welfare, future housing, and your earning capacity should play a big role.Stay focused on long-term stability, not short-term satisfaction.
4. Failing to Disclose Financial Information
Honesty is critical in property settlement and parenting matters. The law requires full and frank disclosure of all assets, income, and liabilities. Withholding information can lead to serious legal consequences, including fines, cost orders, or dismissal of claims. Transparency protects your position and builds credibility with the Court.
5. Staying Silent When Arrangements Don’t Work
If financial or parenting arrangements are unfair or unsafe, act early. Courts may question long delays. Promptly addressing issues, such as hidden assets, non-payment of support, or exposure to family violence, can strengthen your legal position and protect your wellbeing.
6. Overlooking the Value of a Binding Financial Agreement
A Binding Financial Agreement (BFA) can protect assets, clarify what happens in separation, and limit disputes. De facto couples, married couples (before, during or after marriage), and same-sex couples in Australia may all use BFAs. These must be carefully drafted by an experienced family lawyer to ensure the agreement is valid.
7. Oversharing on Social Media
Social media can quickly become evidence. Posts, photos or comments made during separation can harm your credibility. Avoid posting about your case, your ex-partner, or financial matters until your family law issues are finalised.
8. Taking Advice from Friends Instead of Experts
Friends or relatives may mean well, but every situation is unique. Family law in Australia is complex, and generic advice can mislead you. Always rely on guidance from a qualified family lawyer who understands your circumstances and state laws.
At Lawsworth, our family law team has deep experience across separation, divorce, de facto relationships, property settlements, parenting and custody, and binding financial agreements. We can guide you through the process, help you understand your rights under Australian Family Law, prepare strong documentation, and work towards outcomes that protect your future. Contact us for confidential, informed advice tailored to your situation.
