Florens Florens Integrative Family Law
Expertise

Business and complex asset structures

When a family business, trust or investment portfolio is part of a separation, the detail matters and the stakes are higher. We give you strategic legal advice that protects your family, your business and what you have built, and work closely with your accountant or financial planner.

Start with a free 20-minute discovery call. Meetings across Australia, in person or online.

Sophie Pettigrew meeting with a client across a table

When a business or complex structure is involved, two things need to keep working at once: your family and your business.

We advise business owners, their partners and families where companies, trusts, property portfolios, self-managed super funds or inherited wealth are part of the picture.

Our focus is a settlement that is fair, keeps the business viable where that is the goal, and is structured carefully for tax, lenders and anyone else with an interest. Tax and financial advice comes from your accountant or financial planner, and we work with them throughout.

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Family law and commercial law, side by side

Business matters on separation sit where family law and commercial law meet. Our team includes lawyers who practise in both, so the legal strategy and the commercial reality are considered together.

Within the Florens Group, we work alongside DC Strategy Lawyers on company, shareholder and franchise issues, and Access Legal on property portfolios and transfers. We also coordinate with your accountant, forensic accountants and independent valuers.

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How we can assist

Whether you run the business, work in it or have never been involved, we help you understand your position and protect your interests.

If you are concerned assets may be moved, sold or restructured before a settlement, we can seek urgent orders. See also property settlements.

How we approach business and complex asset matters

These matters follow the same legal framework as any property settlement, with more work needed to understand the structures and their true value.

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  1. Map the structures

    We identify every company, trust, partnership and fund, who controls each one, and the documents that govern them, such as trust deeds, constitutions and shareholder agreements.

  2. Obtain full disclosure

    Financial statements, tax returns, loan accounts and trust distributions for each entity. Where the picture is complex or incomplete, we engage a forensic accountant.

  3. Value the interests

    An independent valuer, often jointly appointed, values the business and other interests. Personal goodwill, which depends on an individual’s own skills and relationships, is generally treated differently from the business’s commercial value.

  4. Assess contributions and future needs

    We look at what each of you contributed, including support that made the business possible, and at each person’s future circumstances.

  5. Structure the settlement

    We work out who keeps what and how: buy-outs, staged payments or transfers between entities, considering tax, lender requirements and the consent of franchisors or co-owners.

  6. Implement it properly

    Consent orders or a binding financial agreement, then share transfers, trustee changes, refinancing and superannuation splits, so nothing is left unfinished.

“What makes Suvarna truly exceptional is not just her legal expertise, but the humanity, conviction and genuine care she brings to those she represents.”

Client of Dr Suvarna Variyar

Complex financial circumstances require experienced advice.

Speak with our team.

What makes these matters different

The Court looks beyond whose name is on the paperwork. Three questions often shape the outcome.

Control

Where a person effectively controls a trust or company, its assets may be treated as part of the property pool, even if they are not held in that person’s name.

Value

A business may be worth more or less than it appears. Reliable valuations, and a clear view of goodwill, debts and cash flow, are essential.

Continuity

Settlements can be structured so the business keeps trading, protecting income for the family and the jobs that depend on it.

Common questions about business and complex assets

Is a family trust included in a property settlement?

It depends on control. Where one of you effectively controls the trust, for example as trustee and appointor, the Court may treat its assets as property. Where neither of you controls it, distributions may still be relevant as a financial resource.

How is a business valued?

Usually by an independent expert, often a forensic accountant, appointed by both parties. Methods vary depending on the business. Goodwill that depends on an owner’s personal skills and relationships is generally treated differently from goodwill that would transfer with the business.

I did not work in the business. Do I still have a claim?

Yes. Contributions are assessed broadly. Caring for children and running the home, or supporting the business in other ways, are recognised as contributions to the asset pool as a whole.

Can I keep the business?

Often, yes. The other party’s share may be met from other assets, through a buy-out funded by refinancing, or by staged payments. The right structure depends on cash flow, lenders and tax.

Will the business have to stop trading?

Generally, no. The aim is usually to keep the business operating while the settlement is worked out, with interim arrangements where needed to protect both parties.

What about loans from family or between companies?

Loan accounts and family loans are examined closely. A genuine loan may be treated as a liability, while money from parents may turn out to be a gift. The documents and the history of repayments matter.

Is an inheritance part of the asset pool?

Generally, inheritances are included in the pool but treated as a contribution by the person who received them. How much weight that carries depends on timing and how the inheritance was used.

How is a self-managed super fund dealt with?

An SMSF can be split by agreement or court order. One member may roll their interest into another fund, or assets may be transferred in specie. Trustee arrangements also need to change, and tax advice is important.

We own a franchise. What happens?

Most franchise agreements require the franchisor’s consent to any change in ownership. We work with DC Strategy Lawyers, our sister firm, on franchise issues so the settlement does not put the franchise at risk.

What are the tax implications?

Transfers between structures can involve capital gains tax, stamp duty and company tax issues. Relief is available in some cases where transfers are made under court orders or a binding financial agreement. We work with your accountant to get the structure right.

What does it cost?

Your first step is a free 20-minute discovery call, where we listen, explain your options and outline what working with us could look like. If you go ahead, we explain costs clearly at the outset.

This is general information, not legal advice for your situation.

Protecting what you have built.

Whether you are considering separation, negotiating now or planning ahead, we invite you to start with a confidential conversation about your structures and your options.

Privacy

Privacy policy

Updated October 2026

SJ Law Pty Ltd trading as Florens Family Law (“Florens Family Law”, “we”, “us”, “our”) is committed to protecting your privacy. This policy explains how we collect, use, disclose, store and protect your personal information, and how you can access or correct it.

We are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth). As solicitors, we also owe you duties of confidentiality and protect legal professional privilege. A copy of the APPs is available from the Office of the Australian Information Commissioner at www.oaic.gov.au.

What personal information we collect

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable. Depending on your matter, we may collect:

How we collect it

Where reasonable and practicable, we collect personal information directly from you, in meetings, phone and video calls, emails, forms and through our website.

We may also receive information from others where this is needed for your matter, including the other party or their lawyers, courts, barristers, expert witnesses, family report writers, mediators, financial institutions, government agencies and other professionals you have authorised us to contact. If we receive information about you from someone else, we will take reasonable steps to let you know.

Family law matters often involve information about people who are not our clients. We handle that information with the same care, and only for the purposes of the matter.

Why we collect, use and hold it

If you choose not to provide information we reasonably need, we may not be able to act for you.

We only use sensitive information for the purpose it was provided, for a directly related purpose you would reasonably expect, with your consent, or where required or authorised by law.

When we disclose it

Subject to our professional obligations, we may disclose personal information:

We do not sell personal information.

AI-assisted tools

We use artificial intelligence (AI) tools to help us work efficiently, for example to draft and review documents, summarise material, assist with research and transcribe meetings. These tools support our lawyers. They do not replace legal judgement.

Overseas recipients

Some of our service providers may store information on servers outside Australia. Where that happens, we take reasonable steps to make sure your information is protected in a way consistent with the APPs. Otherwise, we will only send your personal information overseas with your consent, where it is needed for your matter (for example, where there are overseas assets or an international parenting issue), or where required by law.

Marketing and communications

From time to time, we may send you information about our services, insights and events, or promotional material from our trusted referrers or related entities within the Florens Group. We only use your contact details for this, never information about your matter, and we do not pass your details to other organisations for their own marketing. You are welcome to opt out at any time, by using the unsubscribe link in any of our emails or by letting us know.

Our website

When you use our website or enquiry forms, we collect the details you choose to give us. Our website may also use cookies and analytics tools to understand how the site is used, such as which pages are visited. This information does not identify you, and you can turn cookies off in your browser settings.

How we store and protect it

We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. This includes secure electronic systems with access controls and multi-factor authentication, and secure storage of any paper records.

We keep client files for at least seven years after a matter ends, or longer where the law or the nature of the matter requires. After that, we securely destroy or de-identify the information.

If a data breach occurs that is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner as required under the Notifiable Data Breaches scheme.

Accessing and correcting your information

We take reasonable steps to keep your personal information accurate, complete and up to date. Please let us know if anything changes or is incorrect.

You can ask to access the personal information we hold about you by contacting us in writing. We may need to confirm your identity first. There is no fee to make a request, but we may charge a reasonable fee for providing copies.

In limited circumstances permitted by the APPs, we may refuse access, for example where it would unreasonably affect another person’s privacy, where the information relates to existing or anticipated legal proceedings, or where giving access would be unlawful. If we refuse, we will explain why in writing.

Questions and complaints

If you have a question or complaint about how we handle your personal information, please contact our Privacy Officer:

Florens Family Law
reception@florens.com.au
1300 739 954

We will aim to respond within 30 days. If you are not satisfied with our response, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or at www.oaic.gov.au.

Changes to this policy

We may update this policy from time to time. The current version is always available on our website.

Website disclaimer

The information on this website is general in nature and is not legal advice. Family law outcomes depend on individual circumstances, so please get advice about your own situation before acting on anything you read here. We aim to keep content current, but we cannot guarantee it is accurate or complete at the time you read it.

Using this website, or contacting us through it or by email, does not create a solicitor-client relationship. That relationship begins only once we have confirmed in writing that we will act for you. Please do not send confidential or sensitive documents until we have confirmed that we can act for you.

Links to other websites are provided for convenience. We are not responsible for their content or their privacy practices.

To the extent permitted by law, we exclude liability for any loss arising from use of this website or its content. Liability limited by a scheme approved under professional standards legislation.