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.

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.

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 — such as business partners, parents who have contributed to the asset pool, or entities that hold assets on behalf of a party — may be joined to proceedings under section 90AE of the Family Law Act. This can occur where the court needs to make orders affecting property held by a third party or where their interests must be considered to achieve a just and equitable result.

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.

Medical and dental practices present unique challenges in family law property proceedings. The court must consider the value of the practice as a going concern, including tangible assets (such as equipment, fit-outs, and stock) and intangible assets (such as professional goodwill, patient or client lists, and referral networks). Where one or both parties are practitioners, issues may also arise around the distinction between personal and commercial goodwill, future earning capacity, and any partnership, associateship, or corporate structures through which the practice operates. Specialist valuation evidence is typically required, and experienced legal guidance is essential to protect your interests.

Item descriptionA 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.