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.
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.
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.
Meet Danielle KingHow 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.
Family businesses
Whether one or both of you work in it, how the business is valued and who keeps it.
Trusts
Family and discretionary trusts, who controls them, and how trust assets are treated in a settlement.
Companies and shareholdings
Shareholdings, loan accounts and related-party arrangements across company structures.
Business valuations
Working with independent valuers and forensic accountants to establish reliable values.
Learn moreProperty portfolios
Investment and development properties, refinancing and the order in which assets are dealt with.
Self-managed super funds
Splitting an SMSF, changing trustees and transferring assets, with tax advice from your accountant.
Franchise businesses
Franchisor consent, transfer restrictions and keeping the franchise in good standing.
Inherited and family wealth
Inheritances, gifts and loans from parents, family farms and intergenerational assets.
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.
Call 1300 739 954Map 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.
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.
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.
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.
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.
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.”
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.
