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6226 1200
25 October 2023

Valuing Net Assets: A Key Element in Family Law Matters in Australia

Louise Peacock

Senior Associate

When it comes to resolving financial disputes in family law matters, the Family Law Act (1975) in Australia plays a crucial role in guiding the process. One significant aspect in these cases is the valuation of the pool of net assets, which helps determine a just and equitable division of property between parties. In this blog, we will explore the importance of valuing net assets and how it impacts family law matters in Australia.

The pool of net assets refers to the combined value of all assets owned by both parties, minus any liabilities. This includes assets like properties, bank accounts, investments, businesses, vehicles, and more. Valuation of these assets is crucial for ensuring a fair distribution and achieving a just outcome.  In many family law matters, where values are not agreed, parties rely on expert valuers to assess the value of assets, particularly those that are complex or require specialized knowledge. Valuation experts provide independent and objective opinions on the worth of assets, ensuring a fair and accurate assessment.

Valuation experts consider various factors when determining the value of assets. These factors may include, but are not limited to, market conditions, asset condition, potential income generation, depreciation, and more. Expert valuers conduct thorough research and analysis to provide an accurate valuation.  Once the pool of net assets has been valued (or agreed where the parties can agree as to value), parties can negotiate a settlement based on these valuations. However, if an agreement cannot be reached, the court may step in to make determinations based on the value of net assets provided by valuation experts. The court ensures that the division of property is just and equitable in line with the Family Law Act.

Valuing the pool of net assets is a critical step in family law matters in Australia. It assists in ensuring that a just and equitable distribution of property, taking into account the unique needs and circumstances of each party involved. Through the expertise of independent valuers, accurate assessments can be made that both parties can rely on, laying the foundation for a just outcome and promoting resolution in family law disputes.

The information provided in this blog is for general informational purposes only and does not constitute legal advice.

If you need expert legal advice, please contact our Family Law team on 03 6226 1210.

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