Family Law Valuation Co.

Questions & answers

Settlement Valuation

Questions about the fixed-fee Settlement Valuation: what it is for, what it includes, how long it takes and what it is not prepared for.

Answers

Can I use the Settlement Valuation in mediation?

Yes. That is one of the uses it is prepared for. The report gives the mediator and both parties a reasoned, independent figure for the business and shows how it was reached, so the discussion can move from what the business might be worth to how the pool should be divided. It is written to be read by the other party and their advisers as well as by you.

From the Settlement Valuation page. Link to this answer

Can my former partner and I instruct it jointly?

Yes. A Settlement Valuation can be instructed by one party or by both. Where it is instructed jointly, both parties receive the same document checklist, the same draft for factual review and the same final report, and we correspond with both sides equally. A joint instruction often makes the report easier to use in negotiation because neither party chose the valuer alone.

From the Settlement Valuation page. Link to this answer

What if the other party disputes the valuation?

The report is written so that it can be tested. Every adjustment, assumption and method is explained, and the sources are identified, so a disagreement can be narrowed to the specific point in dispute rather than the figure as a whole.

From the Settlement Valuation page. Link to this answer

What if I do not have all the documents?

Send what you have and tell us what is missing. Some gaps can be worked around, for example by using tax returns where financial statements were never prepared. Others cannot, and the report will say so and explain how the gap was treated. Where a document is held by the other party or the business's accountant, your lawyer can advise on how to obtain it. The 5 to 7 business days do not start until the checklist is complete.

From the Settlement Valuation page. Link to this answer

Do you value the whole business or just my share?

Whichever the matter requires, and the engagement letter records which. Often both are needed: the value of the whole business, then the value of the particular interest held, which may differ because of the size of the holding, the rights attached to it and the structure through which it is held. The report explains the effect of the structure on the value of the interest.

From the Settlement Valuation page. Link to this answer

Is the fee really fixed?

Yes, for the scope described on this page: one reasonably straightforward business or ownership interest, valued at one date, with complete and reliable records. Where the enquiry shows something different, for example several related entities that each need to be valued, or records in a state that requires reconstruction, we say so at the scope stage and price it before starting (an additional business or entity is from $1,500 + GST). You will not receive a different figure after the work has begun.

From the Settlement Valuation page. Link to this answer

Will you speak directly to my lawyer or accountant?

Yes, where you authorise it. We can deal directly with your adviser on documents, dates and the interest being valued, and with a referring professional where that is how the matter is being run. Tell us in the enquiry who we may speak to. Where a report is prepared as a single expert, communication follows the instructions and, in general, goes to both sides.

From the Settlement Valuation page, also on How it works. Link to this answer

Can I tell you what number I need?

You can tell us what you expect and why, and that context can be useful. It does not change the method or the conclusion. A valuation that is steered towards a preferred figure is of no use in a negotiation and of no use to a court, because the other side will test it. What you receive is a reasoned figure with the working shown.

From the Settlement Valuation page, also on For individuals. Link to this answer

Can I start with a Settlement Valuation and move to an expert report later?

Yes. If you first obtain a Settlement Valuation and later require a Family Law Expert Valuation, the full $2,495 + GST settlement fee will be credited when you upgrade within three months. You pay only the $2,000 + GST difference. The expert report is a separate engagement, subject to the same conflict and suitability assessment as any other. The appointed expert independently reviews the material, may ask for further information and forms their own opinion. A matter that settles at negotiation or mediation needs nothing further. Where an expert report was always going to be required, starting there is usually the better path, and we will say so.

From the Settlement Valuation page, also on Family Law Expert Valuation and How it works. Link to this answer

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).