Hi there. If you want to divorce your husband, you can apply for a divorce by lodging an application with the Federal Circuit Court or Family Court (www.familycourt.gov.au). To be eligible, you must have been separated from your spouse for at least 12 months. Australia has a system of no-fault divorce, which means that the parties must simply show that the marriage has broken down irretrievably. In other words, you must prove to the court that there is no reasonable chance of your relationship resuming. You will need to serve a copy of your application on your husband so he can participate in the divorce proceedings.

If you are separating from your husband, or divorcing him, you will need to divide up any shared property in the marriage. This is called a ‘property settlement’. You can negotiate a property settlement with your husband without going to court, but if you want the arrangement to be legally binding or if you cannot agree on how to divide your shared assets, then you can apply to the court for assistance.

There is no set formula used to divide a couple’s property, but the court will consider things such as the direct and indirect financial contributions of each party to the marriage, non-financial contributions, and the future needs of each spouse. The proportion of your share will depend on many factors, including your current income and future earning capacity. If you have a lower income stream than your husband and lower earning potential, your husband may be liable to pay you spousal maintenance. The court’s decision will be one that the court considers to be just and equitable based on the facts of your case.

In the short term, you may pawn any personal property that you co-own with your husband, but the value of the items may be deducted from any final property settlement that is reached.

Suggested way forward

Speaking to a lawyer is the best way for you to ensure your legal rights are protected and that you get what you are entitled to from the shared assets. A family lawyer can negotiate a property settlement on your behalf or represent you in court proceedings. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.