Family Law Property Valuations

A family law valuation is a valuation of property carried out where two parties are separating, either through a divorce or the dissolving of a defacto arrangement. The purpose of a property valuation for divorce settlement is to determine how to divide your property between you and your former partner.

Some couples may think that they can use an appraisal carried out by a real estate agent, the purchase price of the property, or previous residential property valuations undertaken for the bank when they purchased the property.

These methods are likely to provide values that are vastly different. They could be out of date or over-inflated. The outcome may make this more difficult to reach a compromise figure and lead to a further dispute over the property’s value.

By engaging a certified property valuer experienced in family law valuations you will receive an independent and unbiased property valuation that contains the current fair market value after considering various important market factors.

If property settlement during separation or divorce is amicable, a house valuation for divorce proceedings (sometimes referred to as a “divorce valuation”) – whilst not required for court purposes – can still assist with the settlement. If there is a dispute over the property value then it is likely that an independent valuation will be required to reach a successful property settlement. 

A family law property settlement valuation is also undertaken to administer deceased estates and during the transfer of property within a family.

In our experience having a clear equitable value can often save both parties a lot of time, money, and angst during family law matters.

A physical property inspection will be undertaken by the valuer to gather information and review the subject property.

The valuer will then carry out a process to determine the market value of the property using an appropriate methodology and considering factors like comparisons or recent sales evidence and yield analysis.

A detailed valuation report will be supplied containing photos and descriptions of the property and details of their analysis. This document is legally binding and gives the best possible indication of what a given property would sell for without the parties having to go through the sale process to determine this.

With family law matters, a single expert witness (a certified practising valuer, registered by the Australian Property Institute) is appointed and instructed jointly by both parties. Rules in the Federal Circuit and Family Court (FCFCA) require that evidence about the value of a property be given by a single expert witness. This assists in minimising costs and maximising efficiency. The value provided by the single expert is accepted by the Court as evidence.

Although the Family Law Rules encourage the use of a jointly appointed single expert witness valuer, there are situations where each party may independently appoint a valuer to act exclusively for them. In this case, each party will need to apply to the Court to accept the evidence given by their valuer. This approach is likely to be more costly and potentially a longer process to reach an agreement.

Acumentis valuers have extensive experience as the Single Expert Witness, providing independent viewpoints, regardless of which party engages them. This leads to fewer disputes while saving time and costs for all concerned.

Acumentis valuers are highly experienced at standing in the "Witness Box" and enduring a detailed and rigorous cross-examination. Acumentis valuers exercise every care and caution in undertaking Court work and ensure all criteria are met throughout the course of their task, to avoid any causes for dispute. Your valuer will conduct themselves with a calm and fair approach with all relevant parties to keep everyone fully informed throughout the process.  

Your assessment reports are provided with speed and accuracy between 5 to 8 working days from brief.  

Efficiency is a priority in all valuations, so you will engage with a single point of contact from Acumentis to service your requirements with ease. Efficiencies are also gained through the streamlined and structured internal processes and access to extensive data sources at Acumentis. 

Acumentis has a national footprint with more than 300 staff in 40 office locations across Australia. All offices have staff with ability to complete family law property assessments, including specialised property types and large portfolios. 

Acumentis has an extensive team of family law accredited property valuers who are market leaders in litigation and witness services. Acumentis valuers are qualified, certified, trained and have worked extensively across Australia in this space. Each Family Law Valuer must have at least 5 years of experience, pass the Acumentis Family Court exam and undertake professional conduct and confidentiality training, as an essential requirement.  

Acumentis valuers undertake an exhaustive process to gather information and analyse the data to assist in achieving an accurate, legally binding assessment report of the relevant property’s market value. 

Acumentis valuers maintain an unbiased approach while dealing with all Family Law Court reporting and proceedings, always maintaining high levels of objectivity and confidentiality.  Valuers are acutely aware of their obligations as the expert and do not engage in discussions or are influenced by either party about issues pertaining to the property or the value. Most valuers would highly recommend that all information relating to the property must be made available to all relevant parties at the very beginning of the proceedings to avoid any delays.

Acumentis valuers are aware that the very nature of this type of work requires empathy and understanding towards all parties. They conduct themselves with utmost sensitivity while maintaining professional independence throughout the property inspection, to ensure the quality and accuracy of the valuation report.