My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
Under the law you can seek spousal maintenance from the date you separate and also a property settlement. You do not have to wait for a divorce to do this.
But he cannot apply for a divorce until you have been separated for 12 months.
Here is a link about spousal maintenance followed by the steps the law applies in property matters.
The law applies a four step process to determine what percentage split applies to your assets
Step 1: Determine what the assets are and their value
This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.
Step 2: Determine what contributions you and your Husband made towards the assets.
This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.
Step 3: What are each of your future needs.
Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.
IF these things don't balance equally for each spouse, then an adjustment is made in the percentages.
Step 4: Make an order that is just and equitable between both spouses
You should be seeing a solicitor to assist you with all this so you make sure you get the best outcome.
I hope this makes sense and is of assistance If there is nothing further
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