Family law business valuation basics

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 ($2,995 + GST, fixed fee) 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 Court Expert Valuation (from $8,995 + GST) 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. The signing valuer will be a Chartered Accountant. 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 is not prepared under formal or joint instructions 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 Court Expert Valuation is the appropriate service. If your matter later requires an expert report for court, we will assess whether the initial work can be carried forward and provide a separate quotation before proceeding. The appointed expert must independently review the material and may require further information or analysis.

Settlement Valuation: Generally seven business days after payment and receipt of all required information, subject to complexity. Court Expert Valuation: timing depends on the scope, the entity structure, the state of the records and any timetable set by the Court or agreed between the parties. We confirm an expected delivery date in the engagement letter and tell you promptly if anything affects it.

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 Court 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 $2,995 + GST. The Court Expert Valuation is from $8,995 + GST, with the final fee confirmed in writing after conflict checking and scope review and before work begins. Court attendance, expert conferences, supplementary reports, forensic work and material additional document review are separately charged. See the fees page for what each service includes.

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 at Oliver Group's offices in Melbourne, Sydney and Brisbane, and in Perth by appointment. 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.