Litigation Support

Relationship Property

Assisting legal practitioners in relationship property matters is a specialised area that requires knowledge of relevant law, expertise in valuation and financial and accounting expertise.

Our work in this area primarily involves assisting lawyers in developing or critiquing valuations and assisting with other financial aspects of relationship property settlements.

Our valuation work primarily involves valuation of businesses and entities (such as trusts) and can also involve the valuation of instruments such as options. We are also often called upon to undertake detailed investigations / enquiries into the financial affairs of the parties, including, for example, whether property is correctly regarded as separate property and whether the parties to a relationship have assisted a trust which would otherwise not be treated as having a relationship property element.

In addition, we are often instructed to prepare or critique economic disparity calculations pursuant to section 15 of the Property (Relationships) Act. We assisted counsel for one party in a precedent case in this area (X v X).  More recently, we have undertaken a number of assessments following the approach detailed in the precedent cases Scott v Williams, Gosbee, and Blake v Blake.  This area of relationship property law continues to develop, so undertaking economic disparity calculations requires detailed knowledge of the recent case law.

We are often instructed to assess claims under the Property (Relationships) Act sections 9(a)(1) and (2) – contributions of relationship property to separate property, and sections 44 and 44C – dispositions of relationship property to a trust.  Our involvement invariably revolves around assessing financial contributions of relationship property, such as the transfer or application of funds, but sometimes also includes assessing the application of time for inadequate or no remuneration.

In addition, we are also instructed to assess claims under section 182 of the Family Proceedings Act as regards the value of nuptial settlements made upon the parties.

We regularly assess the value of life interests.

We typically act for one party to a relationship.  That might be the primary income earner, or the partner of the primary income earner.  Our advice is therefore based on the benefit of experience and knowledge of working for both “sides” of relationships.

We often prepare assessments as to the value of partner interests in professional partnerships.  Our assessments follow the approach detailed in the Court of Appeal’s 2006 decision (M v B, involving a partner in a legal firm).

A sample of some of the relationship property matters we have been involved in that have been heard by a Court and valuation work (anonymous) we have performed in relation to relationship property matters can be found here.