Call us on

Home >

The Family Business in Divorce

The Family Business in Divorce

  • Typically, during a relationship, the parties may have conducted a business through a Trust or company, or alternatively, have an interest in a business conducted by family members.
  • The spouse’s interest in that business needs to be identified and valued as part of the property settlement process.
  • If the business is conducted through a Trust structure, then often the first question is whether the assets of that Trust should be treated as assets of the parties and this depends upon whether who controls the Trust and whether the assets have been built up primarily during the relationship.
  • f a business is conducted through a company, then typically, it is the shares in that company that the party and/or parties hold that need to be identified as property and need to be valued in order to value a spouse’s share in a company, one will usually need to value the company overall.
  • There is no rule or presumption that a family business must be sold and it is simply a piece of property that needs to be identified and valued and taken into account in relation to other assets and liabilities and the divisions of those assets and liabilities will depend upon many factors relating to contributions and the like.
  • The valuation of the business interests is usually conducted by an independent forensic accountant in the Family Court sphere who has experience and expertise in this area.

How to choose the right lawyer for you

We Only Send You Awesome Stuff =)

Privacy Policy

The Privacy Statement of the Company is incorporated into these Terms and Conditions. The Company respects the privacy of all its customers and business contacts. The Company is subject to the requirements of the National Privacy Principles which are contained in the Privacy Act.

1. How is personal information collected?
Your name, email address and phone number are collected on the contact form to allow the Company to contact you.
If you email or phone the Company directly, then the Company may record your personal details.
Your personal information may be used to:
a) Improve service to you, the customer
b) The Company may use personal information about you for marketing and research purposes. If you do not wish this to occur, please contact us and we will ensure this does not occur
c) Your personal information is not disclosed to any organisation outside of the Company.

2. Will personal information be given to anyone else?
The Company does not sell or provide your personal information to any other company.

3. Security of personal information
The Company employees are required, as a condition of their employment, to treat personal information held by the Company as confidential, and to maintain the confidentiality of that personal information.
The Company protects the personal information it collects in a secure database.

4. Access and correction
You can access your data at any time by contacting the Company directly.
You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.
We ask you to contact the Company by email or phone using the Company contact details if you wish to access or correct any of your personal details.

5. Online privacy issues
To the extent that this Privacy Policy applies to online privacy issues, it is to be read as forming part of the terms of use for our website. When you deal with the Company whether online or otherwise, the Company takes its privacy obligations seriously.

6. Additional privacy information and how to contact the Company
The Company may change its Privacy Policy at any time.

For further information about privacy issues and the protection of privacy visit the Australian Federal Privacy Commissioner’s website at If you feel that The Company is not complying with this Privacy Policy, or if you have other privacy concerns, please contact the company.