fbpx

Property Settlement During Separation

Ellie Prior of McDonald Law and Geoff Duffield, Director – Family Law & Advisory of Acumentis

The process of separating from a partner can be one of the most stressful and emotional times in a person's life.

Navigating how to separate with care for the family and dividing assets and finances can feel overwhelming. During a relationship breakdown the team at Acumentis work alongside solicitors, accountants, and clients to support effective property settlement and help reduce confusion and uncertainty.

Hear from one of our valued family law partners, Ellie Prior at McDonald Law to find out what options are available for separating couples and the role of a property valuer in this process.


 

Family Law Process

Couples that are unable to reach agreement during their separation have three options for resolving disputes. These include:

Negotiation: Negotiation involves the couple communicating directly with each other, either face-to-face or through their solicitors, to try and reach a settlement on the issues in dispute. This is usually the fastest and cheapest option and can also help to maintain a better relationship between the separated couple in the future.

Mediation: Mediation is a form of alternative dispute resolution where a neutral third party, known as a mediator, helps the parties to reach a settlement. The mediator does not make decisions for the parties but facilitates communication between them and helps them to find a mutually acceptable solution. Mediation is often faster and less formal than going to court, and it allows the parties to have more control over the outcome of the dispute.

Family Law Court: If negotiation and mediation are unsuccessful, the parties can apply to the Family Law Court for a resolution of their disputes. The Family Law Court has the power to make binding decisions on a range of issues arising from separation, including property division, spousal maintenance, and arrangements for the care of children. This can be a time-consuming and expensive option, and the outcome is determined by a judge rather than the parties themselves.

Each option has its own benefits and drawbacks, and it is important to seek professional advice from a family lawyer to determine which option is best for your situation.

Property Settlement

One of the most significant parts of the separation process is property settlement, which often includes the family home and investment properties. It is crucial to understand the value of property assets, which is why family lawyers engage property valuers on behalf of their clients. Property valuers provide an independent and unbiased assessment of the value of the assets, which helps to avoid disputes over the value and allows for a fair division of the assets.

The Role of Property Valuers in Property Settlement

The role of property valuers in divorce proceedings is to provide an independent and unbiased assessment of the value of the assets. The valuer's role is to determine the current market value of the property, considering factors such as location, age, condition, and recent sales of similar properties in the area. This information is then used by the family lawyers to negotiate a fair division of the assets between the separating parties.

In some cases, the parties may agree on the value of the assets without the need for a valuer. However, in many cases, especially when there is a dispute over the value, a valuer's assessment is necessary to ensure that the assets are divided fairly and equitably. Property valuers provide a comprehensive report on the value of the assets, which can be used as evidence in court proceedings if necessary.


 

When choosing a valuation company, family lawyers look for several key factors, including independence, expertise, and efficiency. An experienced team of valuers with a track record of handling complex portfolios and delivering accurate valuations is essential. The valuer must also be professional, empathetic, and conduct their work with due diligence, especially during such an emotional time for clients.

Separating from a partner can be a challenging and stressful experience but having the right team in place can make the process less overwhelming. Family lawyers and property valuers play a crucial role in ensuring that property settlements are conducted fairly and efficiently.

If you or someone you know is going through separation, seek professional advice from a family lawyer and engage a trusted property valuer to make the process a little less stressful.

Reach out to our expert family law valuation team who are here to help.

Geoff Duffield
Director – Family Law & Advisory
— Brisbane Property Valuers
CPV
  |  LinkedIn

 

Acumentis Family Law Property Team

STATE
Renee Pollak
Director
Canberra
Jie Luo
Valuer
Sydney
Zoran Jovanovic
Senior Valuer
Sydney
Tony Lenord
State Director Commercial - Sydney
Sydney
Natasha Khoudair
Valuer
Sydney
Robert Jupp
Valuer
Coffs Harbour
Daniel Carr
Valuer
Newcastle
James Morrell
Associate Director
Northern Rivers (Lismore, Ballina, Byron Bay)
Angus Cooke
Valuer
Inverell
Tom McDouall
State Director - Regional Operations (South)
Newcastle
Terry Glitsos
Director NSW Government Statutory Assets & Legal
Sydney
Heath Craft
Senior Valuer
Albury
Maria Ergos
Client Services Team Leader
Sydney Residential
Gregory Jordan
Valuer
Port Macquarie
Andrew McDonnell
Associate Director
Sydney
Tasso Balomenos
Senior Valuer
Sydney
Simon Mandile
Senior Valuer
Sydney
Philip Albert
Associate Director
Sydney
Peter Raptis
Director - Prestige Valuations
Sydney
Matthew Iglinski
Associate Director
Sydney
Tony Chahine
Associate Director
Sydney
Kevin Sze Tho
Valuer
Sydney
Justine Franklin
Associate Director
Albury - Wodonga
Nick Power
Senior Valuer
Norther Rivers (Lismore, Ballina, Byron Bay)
James Simpson
Regional Director
Orange
Andrew Kemp
Director Valuations
Albury
Damian Daczko
Regional Director
Taree
Jonathan Lea
Regional Director
Inverell
Bryan Guest
State Director NSW - Projects, Infrastructure & Acquisition
Coffs Harbour
Amy Frankel
Regional Director
Port Macquarie
Tony Gorman
Director Valuations
Darwin / Perth
Amber Broughton
Valuer
Gold Coast
Adam Purvis
Senior Valuer
Brisbane
June Button
Senior Valuer
Gladstone
June Button
Senior Valuer
Gladstone
Rachel Schloman
Senior Valuer
Brisbane
Adrian Marks
Valuer
Brisbane
Scott Blanchard
Senior Valuer
Cairns
Sarah Banner
State Director - Residential Operations, QLD
Brisbane
Clancy Miller
Valuer
Townsville
Paul Krause
Senior Valuer
Mackay
Matthew Galvin
Associate Director
Toowoomba
Lochlan Jones
Valuer
Noosa
Jack Macdonald
Director Valuations
Roma
Cameron Norris
Senior Valuer
Emerald
Jack Prosser
Associate Director
Toowoomba
Joshua Franklin
Senior Valuer
Brisbane
Ayla McIntyre
Associate Director
Roma
David Hosking
Regional Director
Cairns
Shane Poole
Associate Director
Bundaberg
Jared Teitzel
Senior Valuer
Brisbane
Sarah Godfrey
Senior Valuer
Brisbane
Henry Brown
Director
Brisbane
Rebecca Stephens
Senior Valuer
Sunshine Coast
Wayne Airey
Associate Director
Sunshine Coast
Alexandra Doneley
Senior Valuer
Emerald
John Burke
Director
Gold Coast
Geoff Duffield
Director – Family Law & Advisory
Brisbane
Jany Pezard
Director - Valuations
Sunshine Coast
Gareth Turner
Director
Brisbane
Andrew Mullins
Associate Director
Brisbane
Michael Everingham
Valuer
Gold Coast
Melissa Eilers
Regional Director
Hervey Bay
Chris Anderson
Regional Director
Sunshine Coast
Annette Smith
State Director Regional Operations (North)
Emerald
Lachlan Dunsdon
National Director Rural & Agribusiness
Brisbane
Paul Robbins
State Director Commercial QLD
Brisbane
Mike Henderson
Group Executive Director – Residential Operations
Brisbane
Mike Henderson
Group Executive Director – Residential Operations
Brisbane
Timothy Rabbitt
Managing Director & Chief Executive Officer
Brisbane
Joe Porter
Senior Valuer
Adelaide
Craig Farley
Valuer
Adelaide
Emily Kitto
Director
Adelaide
Mark Robins
State Director SA
Adelaide
William Simmonds
Valuer
Hobart
Russell Cripps
Director Valuations
Hobart
Joe Stansfield
Regional Director - Tasmania (North)
Launceston
David Duffield
Regional Director - Tasmania (South)
Hobart
Simon Altschwager
Group Executive Director – Regional Operations at Acumentis
Melbourne
Alexandra Churches
Regional Director - Victoria
Bendigo
Quentin Churches
Associate Director
Bendigo
Patrick Monaghan
State Director - Regional Operations Victoria
Gippsland
Georgina Besliev
Valuer
Melbourne
Damien Stone
State Director Residential - Victoria
Melbourne
David Triaca
Senior Valuer
Melbourne
Paul Belcher
Associate Director
Gippsland
Phillip Bainbridge
Director Valuations
Melbourne
Brenton Jones
Associate Director
Gippsland
Will Phillips
Director - Rural & Agribusiness
Western Australia
Mitchell Fraser
Senior Valuer
Bunbury
Felicity Graham
Senior Valuer
Bunbury
Jessica Ayerst
Director Valuations
Perth
Tiffany Crago
Senior Valuer
Perth
James Sholdas
Associate Director Valuations
Perth
Tom O’Sullivan
Associate Director Valuations
Perth
Kate Bingham
Director Valuations - Commercial
Perth
Aaron Hughes
Regional Director
South West WA
Matthew Crofts
State Director
Perth
Rod Davidson
Director Valuations
Perth
Scott Robinson
Regional Director
Mandurah
Ross Sharp
State Director – WA – Rural & Agribusiness
Perth
Richard Graham
Regional Director - South West
Bunbury
Mark Eaton
Regional Director
Albany
Damien Schifferli
Regional Director - South West WA
Busselton
Brad Mazza
State Director - Residential WA
Perth
Renee Pollak
Director
Canberra
Jie Luo
Valuer
Sydney
Zoran Jovanovic
Senior Valuer
Sydney
Tony Lenord
State Director Commercial - Sydney
Sydney
Natasha Khoudair
Valuer
Sydney
Robert Jupp
Valuer
Coffs Harbour
Daniel Carr
Valuer
Newcastle
James Morrell
Associate Director
Northern Rivers (Lismore, Ballina, Byron Bay)
Angus Cooke
Valuer
Inverell
Tom McDouall
State Director - Regional Operations (South)
Newcastle
Terry Glitsos
Director NSW Government Statutory Assets & Legal
Sydney
Heath Craft
Senior Valuer
Albury
Maria Ergos
Client Services Team Leader
Sydney Residential
Gregory Jordan
Valuer
Port Macquarie
Andrew McDonnell
Associate Director
Sydney
Tasso Balomenos
Senior Valuer
Sydney
Simon Mandile
Senior Valuer
Sydney
Philip Albert
Associate Director
Sydney
Peter Raptis
Director - Prestige Valuations
Sydney
Matthew Iglinski
Associate Director
Sydney
Tony Chahine
Associate Director
Sydney
Kevin Sze Tho
Valuer
Sydney
Justine Franklin
Associate Director
Albury - Wodonga
Nick Power
Senior Valuer
Norther Rivers (Lismore, Ballina, Byron Bay)
James Simpson
Regional Director
Orange
Andrew Kemp
Director Valuations
Albury
Damian Daczko
Regional Director
Taree
Jonathan Lea
Regional Director
Inverell
Bryan Guest
State Director NSW - Projects, Infrastructure & Acquisition
Coffs Harbour
Amy Frankel
Regional Director
Port Macquarie
Tony Gorman
Director Valuations
Darwin / Perth
Amber Broughton
Valuer
Gold Coast
Adam Purvis
Senior Valuer
Brisbane
June Button
Senior Valuer
Gladstone
June Button
Senior Valuer
Gladstone
Rachel Schloman
Senior Valuer
Brisbane
Adrian Marks
Valuer
Brisbane
Scott Blanchard
Senior Valuer
Cairns
Sarah Banner
State Director - Residential Operations, QLD
Brisbane
Clancy Miller
Valuer
Townsville
Paul Krause
Senior Valuer
Mackay
Matthew Galvin
Associate Director
Toowoomba
Lochlan Jones
Valuer
Noosa
Jack Macdonald
Director Valuations
Roma
Cameron Norris
Senior Valuer
Emerald
Jack Prosser
Associate Director
Toowoomba
Joshua Franklin
Senior Valuer
Brisbane
Ayla McIntyre
Associate Director
Roma
David Hosking
Regional Director
Cairns
Shane Poole
Associate Director
Bundaberg
Jared Teitzel
Senior Valuer
Brisbane
Sarah Godfrey
Senior Valuer
Brisbane
Henry Brown
Director
Brisbane
Rebecca Stephens
Senior Valuer
Sunshine Coast
Wayne Airey
Associate Director
Sunshine Coast
Alexandra Doneley
Senior Valuer
Emerald
John Burke
Director
Gold Coast
Geoff Duffield
Director – Family Law & Advisory
Brisbane
Jany Pezard
Director - Valuations
Sunshine Coast
Gareth Turner
Director
Brisbane
Andrew Mullins
Associate Director
Brisbane
Michael Everingham
Valuer
Gold Coast
Melissa Eilers
Regional Director
Hervey Bay
Chris Anderson
Regional Director
Sunshine Coast
Annette Smith
State Director Regional Operations (North)
Emerald
Lachlan Dunsdon
National Director Rural & Agribusiness
Brisbane
Paul Robbins
State Director Commercial QLD
Brisbane
Mike Henderson
Group Executive Director – Residential Operations
Brisbane
Mike Henderson
Group Executive Director – Residential Operations
Brisbane
Timothy Rabbitt
Managing Director & Chief Executive Officer
Brisbane
Joe Porter
Senior Valuer
Adelaide
Craig Farley
Valuer
Adelaide
Emily Kitto
Director
Adelaide
Mark Robins
State Director SA
Adelaide
William Simmonds
Valuer
Hobart
Russell Cripps
Director Valuations
Hobart
Joe Stansfield
Regional Director - Tasmania (North)
Launceston
David Duffield
Regional Director - Tasmania (South)
Hobart
Simon Altschwager
Group Executive Director – Regional Operations at Acumentis
Melbourne
Alexandra Churches
Regional Director - Victoria
Bendigo
Quentin Churches
Associate Director
Bendigo
Patrick Monaghan
State Director - Regional Operations Victoria
Gippsland
Georgina Besliev
Valuer
Melbourne
Damien Stone
State Director Residential - Victoria
Melbourne
David Triaca
Senior Valuer
Melbourne
Paul Belcher
Associate Director
Gippsland
Phillip Bainbridge
Director Valuations
Melbourne
Brenton Jones
Associate Director
Gippsland
Will Phillips
Director - Rural & Agribusiness
Western Australia
Mitchell Fraser
Senior Valuer
Bunbury
Felicity Graham
Senior Valuer
Bunbury
Jessica Ayerst
Director Valuations
Perth
Tiffany Crago
Senior Valuer
Perth
James Sholdas
Associate Director Valuations
Perth
Tom O’Sullivan
Associate Director Valuations
Perth
Kate Bingham
Director Valuations - Commercial
Perth
Aaron Hughes
Regional Director
South West WA
Matthew Crofts
State Director
Perth
Rod Davidson
Director Valuations
Perth
Scott Robinson
Regional Director
Mandurah
Ross Sharp
State Director – WA – Rural & Agribusiness
Perth
Richard Graham
Regional Director - South West
Bunbury
Mark Eaton
Regional Director
Albany
Damien Schifferli
Regional Director - South West WA
Busselton
Brad Mazza
State Director - Residential WA
Perth
Want to hear more
from Acumentis?

Sign up to our mailing list

  • This field is for validation purposes and should be left unchanged.