Complex Property Division Lawyers
Our specialist lawyers provide expert guidance for complex property settlements involving trusts, business structures, and overseas assets.
Navigating complex property matters with clarity and confidence
Property division involves a lot of dynamics that contribute to how the process will go. Depending on these factors, dividing the properties after separation can be quite straightforward.
However, trusts, inheritances, and overseas assets can complicate things. Good thing, our team of the Best Melbourne lawyers is more than equipped to handle complex property division cases. With decades of experience under our belt, we can guarantee that we will protect your interests throughout the process.
Complex property matters often involve negotiations, litigation, and other related activities. Whatever these challenges may be, we will work closely with financial experts, valuers, and forensic accountants to help you achieve fair and practical outcomes.
What makes a property settlement complex?
- We can’t stress it enough that there are many contributing factors that determine the complexity of a property division. For some people, it is not as simple as splitting a home or a savings account. A complex property division may include some, if not all, of these:
- Business structures (e.g., family companies, partnerships)
- Self-managed superannuation funds (SMSFs)
- Discretionary or unit trusts
- Third-party interests or intervening parties
- Hidden or undisclosed assets
- Overseas investments or property
- Inheritances or large gifts from family
- Lengthy separations or post-separation contributions
- Due to the level of intricacy this type of property division entails, it requires careful legal and financial analysis to make sure that everything complies with the Family Law Act to avoid costly mistakes.
How are complex assets divided?
Under Section 79 of the Family Law Act 1975, directs how complex property matters should be handled. This clause gives the Court permission to make just and equitable decisions in matters that involve property division. These matters include:
- Identifying and valuing all assets and liabilities – including offshore or hidden assets.
- Assessing financial and non-financial contributions – such as income, homemaking, and parenting.
- Evaluating future needs – including age, health, earning capacity, and care responsibilities.
- Making a final determination – that is just and equitable in all circumstances.
- We’ll help you work through each of these steps while coordinating with independent experts to support your position.
Common challenges in complex property cases
- Valuation disputes: Especially common with businesses, trusts, or unusual assets like crypto.
- Disclosure issues: When a party is not being transparent and hides or undervalues assets.
- Legal vs. beneficial ownership: If a property or asset is in someone else’s name or in trust.
- Financial resource arguments: These may include possible future inheritance or expected windfalls.
- Tax consequences: Capital gains tax, stamp duty, and other post-settlement liabilities may need to be considered to avoid unintended costs after the agreement is finalised.
Our family law experts are capable of not only anticipating these challenges but also handling them. Leaning on our years of experience in property division and family law, we can quickly strategise and build a strong case to help you obtain a fair and practical result.
Our Family Lawyers
Our best lawyers have vast experience in Family Law. Whether your case involves a 50 million dollar business or a suburban house, a relocation with children to Preston or Paris, or a Divorce Application in Melbourne or Mumbai, rest assured that we know how to deal with it in the best possible way and obtain the best possible result for you.
Do you need a specialist family lawyer?
If you are faced with these challenges that complicate property division, you must seek help and legal advice from family lawyers to help you handle these situations.
They always say that it’s better to be safe than be sorry, and the same can be said when it comes to complex property divisions. Don’t risk the assets you have worked hard for, and let us help you protect your interests.
Using our strong grasp of legal family law and deep knowledge in the commercial aspects of property division, we can deliver solutions that will protect your future.
Strategic Solutions for Complex Property Settlement
The excellent level of practical and sound guidance we provide comes from the understanding that not all separations and property divisions are the same.
Handling challenging factors like businesses, trusts, international assets, or high-value portfolios is something we are equipped to do, considering that we have been exercising this for more than 30 years. We make sure to cover the entire picture—relationships, financial structures, and your future needs.
A complex property matter can involve elements such as company shares, SMSFs, foreign investments, post-separation contributions, or disputed asset ownership.
Full and Transparent Asset Disclosure
In matters involving significant or intricate asset pools, full and frank disclosure is critical. All parties are legally required to disclose their financial circumstances honestly and completely—including business interests, trusts, offshore accounts, and liabilities.
- When working with our team, you can rest assured that:
- Business structures and trusts are properly identified and valued
- Third-party interests are acknowledged and managed
- Any attempts to conceal or understate assets are addressed with urgency
Mediation and Strategic Negotiation
With the best of our efforts, our goal is to settle out of court, and we do this through focused negotiation or mediation. Finalising property division outside of court is cost-effective and less stressful, and that really matters, especially for cases that involve high-value assets.
- We can help secure and protect your interests by:
- Engaging forensic accountants and valuers to support your position
- Preparing strategic proposals based on accurate asset assessment
- Safeguarding your entitlements while aiming for practical resolution
Court Applications for Complex Property Orders
- In the event that an agreement cannot be reached, we are prepared to act assertively and bring the matter into court. Guided by Section 79 of the Family Law Act, we will aim to achieve an outcome that is fair and specific to the complexity of your financial situation. Our team will:
- Build a compelling, evidence-based case
- Collaborate with barristers and financial experts
- Represent your interests in disputes over ownership, valuation, or contributions
Start with clarity
Complex property division involves several stages. But no matter where you are in this journey, whether you’ve just recently separated or are deep in the dispute process, just reach out to us, and we’ll get you through this amicably and with a good sense of security.
Get in Touch Today
It can be hard and stressful to deal with a complex property settlement, but you don’t have to do it alone. Melbourne Family Lawyers are here to help you and show you the way at every turn.
With clear, trustworthy advice, our best complex property settlement in Melbourne can help you make the best choices for your child and your future.
Call us today to set up a meeting and talk about how we can help.
Phone: +613 9670 9677
Email: [email protected]