Family Law Valuation Co.

Questions & answers

For individuals

Questions from people going through separation: what to expect, what it costs, what to gather and what we can and cannot do.

Answers

My former partner owns the business. Can I ask for a valuation?

Yes. Either party can instruct a Settlement Valuation, and it is often instructed jointly so that both sides receive the same report. If you do not have access to the business documents, your lawyer can advise on how they are obtained. The report values the business from the documents provided and says clearly where anything is missing.

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I own the business. Will the valuation be used against me?

The valuation is used by both parties, and it is prepared the same way whoever instructs it. It takes into account the things owners often feel are overlooked: what you actually earn for the work you do, how much of the business depends on you personally, the debt, and the working capital the business needs. It also takes into account the things the other party may feel are overlooked, such as private expenses paid through the business. A reasoned figure that both sides can test tends to shorten the argument rather than lengthen it.

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Do I need a lawyer to instruct you?

Not for a Settlement Valuation. You can instruct us directly, and many people do. We still recommend that you have a lawyer advise you on your settlement, because the value of the business is only one part of it, and questions about how the pool is divided are legal questions we cannot answer. Where a report is needed for court, it proceeds on instructions, usually through the lawyers.

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What if the business is worth less, or more, than we thought?

Then the report will say so and show why. Owners are often surprised to find that a business which provides a good income has limited value to a purchaser, because the income depends on them. Others are surprised the other way. The figure is what the evidence supports; what you do with it is a matter for you and your lawyer.

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Will you talk to my former partner?

Not unless you authorise it or the valuation is jointly instructed. In a joint instruction we correspond with both sides equally. In a single-party instruction we deal with you and, where you authorise it, your lawyer or accountant, and we do not contact the other party.

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How much of the business value is mine?

That is a legal question, and your lawyer will advise on it. The report tells you what the business, or the interest in it, is worth. How that value is divided between you depends on matters outside the valuation.

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Is my enquiry confidential?

Yes. Every enquiry is treated as confidential from the moment it arrives, and the conflict check is completed before your matter is discussed in detail. We do not contact anyone you have not authorised. Our privacy policy sets out how your information is handled.

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Clarity starts with a conversation.

Tell us a little about the business. We help identify the right report and confirm the scope before you commit. Not ready to enquire? Start with a free 15-minute consultation, at no cost and with no obligation. Based in Double Bay, Sydney, and working with clients and their advisers across Australia. Or call 0433 475 518 or request a call back. Phone hours are 8am to 6pm, Monday to Friday (Sydney time).