Advanced Financial Issues in Family Law

Property settlement in family law becomes substantially more complex when the asset pool extends beyond straightforward real property and superannuation. Matters involving discretionary trusts, private companies, self-managed superannuation funds, business interests held by one or both parties, and third-party claims require practitioners to understand not only the legal framework but also the financial and structural arrangements that determine what assets are available for division and how they are valued. The difference between a practitioner who can identify and address these issues and one who cannot can materially affect the outcome achieved for the client.

This session examines the financial issues most commonly encountered in complex Australian family law property matters. Topics include how trusts are assessed and whether trust assets form part of the property pool, how private companies and business interests are valued and addressed in settlement negotiations, the treatment of self-managed superannuation funds, the impact of third-party interests on proceedings, and the strategic and practical considerations that shape the negotiation and litigation of complex property settlements.