Hi there. The division of property on a divorce if a complex issue. Generally speaking, the law will entitle both parties to a share in all assets that were jointly owned at the time of separation. This will apply whether or not they are held solely in the name of one party or not. In addition to this, if one party has not worked during the marriage, but stayed home to raise the children, courts will consider this to be a contribution to the financial position of the family, and will take it into account when dividing property. As well as the usual assets, such as a house or car, the superannuation of the parties will also be considered. This is especially important if one party has not worked for a considerable period due to child rearing duties.

However, because you have been separated for three years, this may complicate the question. This will be especially true if there was no separation of assets at the time. This is because they the financial position of both of you may have changed since then, which may make quantifying them at the date of separation difficult.