Complex Financial Structures in Family Law

When a property settlement involves trusts, companies, a self-managed superannuation fund, or a business, the legal and financial complexity increases significantly. Accurate valuation, proper disclosure, and an understanding of the tax consequences of different settlement structures are all essential to achieving a sound outcome.

Is This the Right Service for You?

You may need complex financial structures advice if:

You or your former partner hold assets through a discretionary trust, unit trust, or corporate trustee

You own a business or hold a significant interest in a company and are separating

You have a self-managed superannuation fund and are unsure how separation affects its operation and division

You are concerned that assets have been moved into structures to reduce the visible property pool before or after separation

You hold significant share portfolios, investment properties, or financial interests through layered entities

Your former partner controls financial structures you have limited visibility into

You need to understand the tax consequences of how assets held in structures are divided before agreeing to anything

Our Complex Financial Structures Services

Discretionary and unit trust advice: We advise on how courts treat trust assets in property settlements, whether a trust is likely to be characterised as property or a financial resource, and what your position is as a beneficiary, trustee, or appointor.

Business interests and valuations: We act in property settlements involving business interests, advise on valuation methodologies, and coordinate with forensic accountants and business valuers to ensure the right value is before the court.

Self-managed superannuation funds: We advise on how SMSFs are treated in property settlements, the interaction between family law and the Superannuation Industry (Supervision) Act 1993, and the options for division including splitting orders and in-specie transfers.

Company structures and Division 7A: We advise on how courts treat shares, loan accounts, and distributions in family companies, including Division 7A issues that can affect the value and transferability of company assets.

Third party and joinder applications: Where a trust or company needs to be joined as a party to proceedings to give effect to orders, we prepare and file the necessary applications under Part VIIIAA of the Family Law Act 1975.

Asset tracing and disclosure: Where you suspect assets have been moved through structures to reduce the property pool, we advise on compelling disclosure and applying to set aside transactions made to defeat your settlement claim.

What to Expect When You Work With Us

Step 1: Tell us your situation.

You speak with one of our lawyers about your financial structures, your separation, and what you know and do not know about the asset pool. For complex matters, understanding the structure of what exists is often the first and most important step.

Step 2: We map the asset pool and identify the issues.

We work through the structures involved, identify the legal characterisation of each asset or interest, and advise on the key issues — valuation disputes, disclosure gaps, tax consequences, and enforcement challenges. We engage forensic accountants and other experts where needed.

Step 3: We negotiate and represent you.

Complex matters benefit from resolution by agreement where possible. We negotiate with the other party and their advisers with a full understanding of the legal and financial landscape. Where court proceedings are necessary, we prepare and file your application and represent you at every stage.

Step 4: You have a settlement built to last.

Complex asset structures require carefully drafted orders that address tax consequences, SMSF compliance, trust amendments, and third party obligations. We ensure the documents that finalise your settlement do not create new problems after the fact.

Why Choose Family Lawyer AU for Complex Financial Structures?

No Hidden Fees

You receive a written cost estimate before we begin any work. No hidden fees, no bill shock, and no ambiguity about what you are paying for.

Nationwide Services  

We work with clients across every state and territory in Australia. Whether you are in Sydney, Brisbane, Perth, Adelaide, Melbourne, or anywhere in between, consultations are available by phone and video. 

Personalised and Strategic Advice

No two complex matters are the same. The combination of structures involved, the nature of the dispute, and the tax and compliance consequences of different settlement options all require advice built specifically around your circumstances. We do not apply a generic approach to matters that are anything but generic.

Costs and Timeframes

Complex financial structure matters are among the most resource-intensive in family law. Costs depend on the number and nature of structures involved, the level of disclosure dispute, whether expert valuation evidence is required, and how far proceedings go before resolving. We provide a written cost estimate at the outset and update it as the matter develops.

Most complex matters take longer to resolve than standard property settlements. Where both parties engage constructively with disclosure and expert processes, resolution outside court is achievable. Where disclosure is contested or valuations are disputed, proceedings before the court may be necessary.

The earlier you obtain advice, the more influence you have over how the matter is framed, what evidence is gathered, and what strategy is adopted. Acting late in a complex matter can mean playing catch-up on issues that could have been addressed from the start.

Call 1300 717 173 or book online to discuss your circumstances and get a realistic picture of what your matter involves.

Related Services

Property and Financial Settlements — Dividing assets and liabilities after separation by agreement or through the courts.

Asset Protection — Protecting your financial position through binding financial agreements and strategic structure advice.

Superannuation — Splitting superannuation interests including SMSFs as part of a property settlement.

Prenuptial and Other Financial Agreements — Addressing complex asset structures in advance through a binding financial agreement.

International Family Law — Cross-border asset issues and enforcement of Australian orders overseas.

Speak With a Complex Financial Structures Lawyer Today

The more complex your financial affairs, the more the outcome of your property settlement depends on the quality of advice you receive at the start. We are here to give you that advice.

We are based at Level 45, 600 Bourke Street, Melbourne. Consultations are available in person, by phone, and by video.

Call 1300 717 173 or book online. All enquiries are confidential.