Business and
Complex Assets
When your asset pool includes a business, trust, or complex financial structure, property settlement requires expert legal advice — and a clear strategy from the start.
Where a relationship involves a business, investment properties, trusts, or significant superannuation, property settlement is more complex — but the same legal principles apply. Under the Family Law Act 1975, all assets — including business interests and trust assets — may be considered in a property settlement. The challenge is identifying, valuing, and equitably dividing them. Purcell and Purcell Pty Ltd acts for clients with complex asset structures, working with your accountant and financial adviser to achieve a sound outcome.
Complex asset services
Where one or both parties own a business — whether a sole trading operation, partnership, or company — the value of that interest must be assessed and included in the asset pool. We advise on how business assets are treated under the Family Law Act and work with business valuers to establish a defensible value for settlement purposes.
Investment properties are included in the asset pool and divided on the same basis as other property. Where there are multiple properties, we advise on how the portfolio can be divided in a way that is practical and tax-effective — whether by transferring individual properties, selling and dividing proceeds, or offsetting against other assets.
Trust assets are not automatically included in the asset pool, but courts have broad powers to consider trust interests where one party has effective control. We advise on how family trusts are treated in property settlements, what evidence is needed to establish control, and how to negotiate outcomes where significant assets are held in trust structures.
Where the asset pool includes significant superannuation held in an SMSF, the settlement must address both the family law division and the superannuation compliance requirements. We work with your accountant to ensure any SMSF split is legally correct and practically implemented without disrupting the fund's operation.
Superannuation splitting — full details →Complex settlements require a clear strategy before negotiations begin. We advise on the realistic range of outcomes, what assets can and cannot be effectively argued, and how to structure a settlement that is both fair and practically achievable — without unnecessary litigation that erodes the asset pool for everyone.
Once agreement is reached, complex settlements must be formalised carefully to capture all assets, entities, and obligations. We prepare consent orders and binding financial agreements that properly address business interests, trust distributions, superannuation splits, and any ongoing obligations between the parties.
Binding financial agreements — full details →Know what you have.
Know what you're entitled to.
The most important step in any complex property settlement is getting a clear picture of all assets before negotiations begin. Business values, trust structures, and superannuation balances can all be disputed — and disputes about values are among the most costly aspects of contested property proceedings.
We work with your accountant and financial adviser from the outset to ensure the asset pool is correctly identified and valued. With a clear picture of the whole pool, we advise on a realistic settlement range and negotiate from a position of knowledge.
Where settlement cannot be reached by agreement, we are prepared to litigate. But our first objective is always a negotiated outcome that preserves the asset pool and provides a clean break.
Complex assets FAQs
Yes. A business interest — whether a sole trader operation, partnership interest, or company shareholding — is included in the asset pool and subject to division under the Family Law Act 1975. The business must be valued, and the court will consider contributions to the business (including non-financial contributions such as supporting a spouse in building the business) in determining the division.
Potentially yes. While trust assets are technically owned by the trustee and not a party to the proceedings, courts have broad discretion and can make orders affecting trusts where a party has effective control over the trust — for example, where a spouse is the trustee and sole or primary beneficiary of a family discretionary trust. The question of whether and how trust assets are included is complex and fact-specific. We advise on your position based on the specific trust structure.
Business valuation for family law purposes typically uses one of three approaches: the asset-based approach (net tangible assets), the earnings-based approach (capitalised earnings or discounted cash flow), or a combination. The method used depends on the nature of the business. Valuations are usually prepared by a specialist business valuer. Where the parties disagree on value, the court may appoint a single expert valuer or each party may engage their own.
Both parties are under a duty of full and frank disclosure in family law proceedings. Concealing or dissipating assets is taken seriously by the courts and can result in adverse findings. We advise on how to identify undisclosed assets — including through discovery, subpoenas, and forensic accounting — and how to protect your position if you suspect assets are being hidden or transferred.
Yes — this is a common outcome in complex settlements. Where one party operates a business that cannot practically be divided, the settlement may involve that party retaining the business and the other party receiving a greater share of other assets (property, superannuation, cash) to achieve an overall fair division. The key is accurate valuation of all assets so that the offset is fair. We advise on structuring settlements of this kind and ensure they are properly documented.
Ready to talk?
Get clear advice on property settlement involving complex assets — same week appointments available.