Complex property matters

A property settlement application asks the court to divide the assets, liabilities, and financial resources of a relationship. The court follows a four-step process: identifying and valuing the asset pool, assessing each party's financial and non-financial contributions, evaluating future needs (such as earning capacity, health, and care of children), and ensuring the proposed outcome is just and equitable.

An injunction may be sought where there is a risk that one party will dispose of, dissipate, or diminish the value of assets before a property settlement is resolved. For example, the court can restrain a party from selling real estate, withdrawing funds, or transferring shares to prevent the asset pool from being reduced before a fair division can be determined.

A security for costs application refers to a court application where a party may seek to access funds (which could be savings, investments or assets) to pay or meet legal fees to litigate their case. In order to succeed in such an application you need to be able to point to a source of funds, and you also need to establish that the interim payment is justified in the context of your property case and would not negatively impact the outcome. Typically if the funds are being used to pay legal fees, evidence may be required as to the future legal fees by way of an affidavit from the lawyer. Security for costs orders can ultimately form part of your final property settlement, depending on the facts of your case.

Yes. The court has the power to order the sale of specific assets (such as real property) when it is just and equitable to do so, even before final orders are made. Similarly, the court can order interim payments or partial property settlements to provide a party with urgent financial relief — for instance, to fund living expenses, legal costs, or to discharge pressing debts — while the broader property dispute is resolved.

Where parties hold assets through trusts, companies, or other entities, the court must determine whether those assets form part of the divisible property pool. This can involve analysing trust deeds, company constitutions, financial statements, and the degree of control a party exercises over the entity. Third parties with an interest in the trust or company may also be joined to the proceedings to ensure a fair outcome.

Third parties, including business partners, family members who have contributed funds or assets, and trusts or companies that hold assets on behalf of a party, can in some circumstances become involved in family law proceedings. The Court has power under section 90AE of the Family Law Act 1975 (Cth) to make orders affecting the rights and interests of third parties where this is necessary to achieve a just and equitable outcome. I regularly advise on matters involving family trusts, companies, intergenerational wealth, loans from parents and other complex ownership arrangements, ensuring that all relevant interests are properly identified and addressed.

A Binding Financial Agreement (BFA) is a private agreement between parties that sets out how property, financial resources, and spousal maintenance will be dealt with in the event of separation. BFAs can be entered into:

• Before marriage or cohabitation (often called a prenuptial or cohabitation agreement)

• During a marriage or de facto relationship

• After separation or divorce

To be binding, a BFA must comply with strict requirements under the Family Law Act, including that each party receives independent legal advice and a signed statement from their lawyer is annexed to the agreement.

Financial Agreements and complex property orders must be drafted with precision to be legally enforceable and to accurately reflect the parties' intentions. Errors in drafting, failure to comply with formal requirements, or ambiguity in terms can render an agreement voidable or lead to costly disputes. Specialist expertise ensures your agreement or orders address all relevant assets, liabilities, superannuation, tax consequences, and contingencies.

Family law disputes often involve additional complexity when one or both parties are medical or dental practitioners. Practice interests are frequently held through a combination of sole trader arrangements, partnerships, unit trusts, service entities and companies. Identifying, valuing and dividing those interests under the Family Law Act 1975 (Cth) requires careful forensic analysis, particularly where issues such as business goodwill, work in progress, patient lists and partnership agreements are involved.

I regularly advise doctors, dentists and/or their spouses on the identification and valuation of medical and dental practices, ensuring that all relevant interests are properly recognised and considered in any property settlement. We also assist in structuring settlements that preserve the ongoing viability of a practice, avoiding unnecessary disruption, forced sales or refinancing where possible.

For practitioners seeking to protect a practice established prior to a relationship, or to preserve family contributions to a business, we prepare Binding Financial Agreements tailored to the unique circumstances of professional practices. These agreements can address the treatment of business assets, liabilities, future income streams and growth in practice value in the event of separation.

We also advise on the complex superannuation issues commonly encountered by medical and dental professionals, including self-managed superannuation funds that hold practice premises or other business-related assets. We assist with the preparation and implementation of superannuation splitting arrangements to ensure these interests are dealt with appropriately and effectively.

Throughout every matter, we remain conscious of the confidentiality, privacy and reputational concerns that accompany a career built on patient trust. We work discreetly and strategically to resolve financial and parenting disputes as efficiently as possible, with a strong emphasis on negotiated outcomes and alternative dispute resolution wherever appropriate.

A property matter may be considered complex where it involves a large or diverse asset pool, assets held through trusts or company structures, business interests requiring valuation, disputed contributions, significant debt, third-party interests, international assets, or where one party has taken steps to conceal or diminish assets. Early legal advice is essential to develop an effective strategy and protect your financial interests.

In complex property matters, we work closely with our clients' accountants, financial planners and other professional advisers to develop a complete understanding of their financial circumstances. Where specialist expertise is required, we engage and collaborate with experienced forensic accountants and business valuers to ensure that practice interests, business structures and related assets are accurately identified and valued. This collaborative approach assists in achieving fair outcomes while ensuring any settlement is based on reliable financial evidence.