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.
I cannot give you detailed advise only information
The steps that are applies by the courts is the same for defacto and married couples.
All assets and liabilities have to be included. If this is not the case then the orders can be overturned.
Anything that is in individual names and joint names has to be disclosed.
The split is based on the value of anything. What you keep and what is sold then is your choice unless the orders are specific to the property. You choose what those orders are to be in your application.
You have probably had the steps disclosed to you but here they are again
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
I hope that assists?