My husband and I of 35 years have apply for a divorce. We own our home. We have a son still living at home. My husband

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Separation can occur under one roof, which means you do not need to leave the family home.

If separation cannot occur amicably it will need to proceed into the court.

If you are facing domestic violence you may want to consider have a family violence order put into place your safety.

Financial separation involves various aspects with alteration of property interests under section 79 of the Family Law Act 1975. Financial separation will usually take into account four facts:

[1] The process will consider the extent of the property of the parties and its value.

[2] The process will consider what contributions have been made by the parties, including direct and indirect contributions of a financial character and non-financial character, and contributions to the welfare of the family, including contributions as homemaker and parent.

[3] The process will consider the circumstances which relate to the present and future needs of the parties and to their means, resources and earning capacity, actual and potential.

[4] The process will consider the effects of points 1 to 3 and resolve what order is just and equitable in all the circumstances of the particular case.

Alteration of property interests between separating couples is an emotional and stressful process and seeking help early is important.

The first step with financial separation is putting together a list of all the assets, and where you are not sure what they are you will need to do a little bit of investigative work to complete list.

Once you have the list ready, the next step is to either commence the process with the forms from the Federal Circuit Court’s website, or with the assistance of a lawyer.

If the financial separation process is done on an amicable basis the matter should be resolved within 3 to 6 months.

The important aspect of the financial separation process is documenting the division of the assets in a binding financial agreement or by consent orders which can be stamped by the court making it a more solid agreement to end the matter.

You have a legal right to protect your interests in this situation.

Please use the following link to assist you with working out how the division of the asset pool is calculated:

http://classic.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s79.html

Divorce process

You can file for divorce in the Federal Circuit Court. The process can be done online.

You will need to demonstrate that you have made every attempt to serve the divorce application on your partner.

There is no requirement for attending the court as the entire process occurs through the court online system.

The following link is the application process on which you can commence the divorce paper.

http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/family-law-matters/divorce-and-separation/divorce/divorce

The total process should take between 60 to 90 days for the divorce to be final.

You have a legal right to protect your interests in this situation.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

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where you Want to make a claim on the property itself we are going to need to reopen the financial separation as I've detailed above

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