Family law business valuation questions, answered

An independent assessment of what a business, or a person's interest in it, is worth at a particular date, prepared so the value can be included in the property pool when a marriage or de facto relationship ends. It looks at the earnings the business can maintain, what the owner is paid, what the business owns and owes, how far it depends on one person, and the nature of the interest being valued. The result is a written report that explains the figure and how it was reached, so that both parties, their advisers and, where required, the Court can understand and test it.

They are prepared for different uses. The Settlement Valuation ($1,495, $2,495 or $3,495 + GST by turnover, quoted in writing over $10 million) is an independent written valuation for private negotiations, mediation and property-settlement discussions. The Settlement Valuation is prepared for negotiation and mediation purposes. It is not prepared for filing or reliance as expert evidence in court. The Family Law Expert Valuation ($4,495 + GST, fixed fee) is an expert report for matters where the valuation is intended for filing or reliance in court. It is prepared on suitable instructions, after conflict checking and scope review, and the expert's overriding duty is to the Court. Expert reports are delivered by suitably qualified business valuers. Neither is a lesser version of the other. If you are not sure which applies, tell us about the matter and we will confirm the scope before anything begins.

No. The Settlement Valuation is prepared for negotiation and mediation purposes. It is not prepared for filing or reliance as expert evidence in court. It can be instructed by one party or by both, but it is not a single expert engagement under a formal letter of instruction and does not address the expert-evidence requirements that apply in court proceedings. If your matter is before the Court, or your lawyer expects it will be, the Family Law Expert Valuation is the appropriate service. If you later need the expert report, the settlement fee is credited on upgrade within three months; the terms are set out under the upgrade credit on the fees page.

Settlement Valuation: Signed report in 2 business days for annual turnover under $2 million, or 3 business days from $2 million to $10 million. Delivery time starts once payment and all required information have been received. Over $10 million, the delivery date is agreed with you before work begins. Family Law Expert Valuation: The delivery date is agreed with you before work begins, and runs from payment and receipt of all required information. Where the Court or the parties have set a timetable, tell us in the enquiry.

Individuals going through separation, their solicitors, mediators and accountants, and both parties jointly. A Settlement Valuation can be instructed by one party or by both. A Family Law Expert Valuation proceeds on suitable written instructions, which are joint instructions where a single expert has been agreed or ordered, and is subject to conflict checking and acceptance by the appointed expert. Whoever instructs us, the analysis and the conclusion are reached the same way.

Neither. Our role is to determine a supportable value from the available evidence, not to produce the highest or lowest number for either party. The same analysis applies whoever instructs us, and every conclusion must be capable of being explained, tested and defended. If you want a valuer who will argue for a particular figure, we are not the right firm.

Business documents only at first: financial statements and tax returns for recent years, current management accounts, and the documents that show who owns what, such as a company extract, trust deed or partnership agreement. We send a checklist once the scope is confirmed. Please do not send affidavits, court documents, personal correspondence, medical records or other personal evidence until we have completed the conflict check and asked for them.

Yes. Many family law matters involve an interest that is not a whole business: a minority shareholding, a unit holding, an interest in a partnership, or a business run through several related companies and trusts. Each raises its own questions, such as whether the holder can control distributions or sell the interest, and how loans and charges between the entities should be treated. The report values the interest actually held and explains the effect of the structure on the value.

The Settlement Valuation is a fixed fee of $1,495 + GST for a business with annual turnover under $2 million, $2,495 + GST from $2 million to under $3 million or $3,495 + GST from $3 million to $10 million (over $10 million, quoted in writing before work starts). The Family Law Expert Valuation is a fixed fee of $4,495 + GST. The fixed fees apply to one reasonably straightforward business with complete and reliable records. We will confirm the scope before commencing. Additional entities, expert conferences and court attendance are priced on the fees page, which also sets out what each service includes. The settlement fee is credited in full if you upgrade to the expert report within three months.

Yes. Engagements are handled remotely for clients and advisers anywhere in Australia, and most valuations are prepared entirely from documents and calls. Meetings are available by appointment at our Double Bay office in Sydney. Court procedures differ between courts and registries, and your lawyer will advise on what applies to your matter.

Complete the confidential enquiry and choose "Not sure" for the service. Tell us whether the matter is before the Court, whether a single expert has been agreed or ordered, and what the valuation will be used for. We complete an initial conflict and scope assessment and tell you which service fits, or that a quotation is needed, before anything begins. Submission of the form does not create an engagement.

Often, yes, when a business or an interest in one forms part of the property pool. Whether the parties were married or in a de facto relationship, the business usually needs a value, agreed or set on the evidence, before the pool can be divided, and an independent figure gives negotiation, mediation or proceedings a common starting point. A Settlement Valuation is prepared for negotiation and mediation. A Family Law Expert Valuation is prepared for proceedings. Your lawyer can tell you which the matter requires.