High-asset divorces require a high level of precision, strategy and financial insight. If you have substantial wealth, complex financial portfolios or businesses or other high-value investments or assets and are preparing for or in the midst of a divorce, the stakes are high as well.
At Watts McCray’s our Accredited Specialists in Family Law handle complex high-asset divorces and financial settlements with a focus on securing the best possible outcomes. Whether you’re an executive, entrepreneur, business owner, professional or any other high-worth individual in Australia, we make sure your financial interests and family legacy are protected by providing discreet, strategic support even in the most complex financial matters.
Understanding high-asset divorces
A high-asset or high-net-worth divorce typically involves:
- Substantial property portfolios
- Shareholdings, investments or multiple income streams
- Trusts, companies, partnerships or other business interests
- Self-managed super funds (also known as SMSFs)
- Inherited or intergenerational wealth
- International property or offshore financial structures
High-asset divorces include substantial wealth and assets which can lead to unique and complex financial and legal issues. Because of that, robust financial disclosure, valuation and structuring become even more critical.
Of course, the Family Law Act applies the same principles to all divorces. But high-value cases require specialist expertise to make sure that the full asset picture is understood and fairly assessed.
To accomplish that, we frequently collaborate with:
- Forensic accountants – to trace funds, uncover hidden assets or provide a detailed analysis of complex financial structures.
- Valuers – to determine accurate market values for businesses, properties, investments and specialised assets.
- Tax specialists – to identify tax implications, minimise exposure and structure settlements in a financially efficient way.
- Financial planners – to model long-term financial outcomes and help clients understand the impact of different settlement options.
- International advisors – to navigate jurisdictional issues, value overseas assets and ensure compliance with foreign laws.
This ensures that no asset is overlooked, every interest is properly protected and all the property in the asset pool is fairly divided.
Key issues in high-net-worth divorce cases
There are a few issues that commonly come up in high-asset divorces, and each requires specialist advice to make sure that you get the best outcomes for your situation.
Complex property division
High-asset divorces often involve complex, intertwined financial structures. You or your spouse might have interests in companies or businesses or in discretionary or unit trusts. You may have partnership arrangements or even have some connection to foreign entities. Because intertwined structures can be complicated, proper (and full) disclosure and valuation are essential.
Our team works with experts to help determine the real value of your assets regardless of their complexity. We can help arrange valuation of businesses, examine control mechanisms within trusts and ensure an equitable division under the Family Law Act.
Business and company interests
If either you or your ex-partner own or operate a business, your divorce could lead to questions. For example,
- How do you value the business for property settlement?
- What’s the impact of your separation on the business operations?
- Should the business remain intact post-settlement?
- How is your income from the business characterised (as income or as distributions)?
- What liquidity is available within the business?
Our team of experts can help you answer these questions and protect your business assets and continuity while making sure there’s a fair outcome for both you and your ex-partner.
Trusts and inherited wealth
Family trusts and intergenerational wealth, both inherited and set up for future generations, are common in high-asset cases. Common issues are:
- Who controls the trust
- Who benefits from it
- The history of distributions
- The trust’s role within the broader family and financial structure
Our team analyses these issues in detail, looking beyond just the legal ownership of the trust to get to the heart of who benefits from the trust. We work closely with accountants and financial specialists as well to ensure trust assets are properly considered and protected as part of your overall strategy.
Superannuation and investment portfolios
High-income earners quite often hold significant assets within their superannuation that goes far beyond just a large monetary balance. In fact, super funds can often have property or commercial holdings, large investment portfolios and complex contribution histories, and each of these require special valuation and tax expertise.
International assets
If you have property, investments, accounts or businesses overseas, this can also add to the complexity of your divorce. You might face issues of how to have your assets valued overseas, what your tax exposure is, how the jurisdictions overlap and intersect and whether you can enforce any Australian Court findings in the foreign country.
These can be tricky issues, so our team works alongside international financial and legal advisers to coordinate your legal strategy and make sure you can enforce compliance across international borders whenever necessary.
Privacy and reputation protection
High-profile divorces can attract a lot of attention, so they also require enhanced confidentiality. Our team can help by organising private mediation or arbitration, ensuring there are non-public processes and negotiating agreements outside of Court. Our goal is to help you minimise publicity and maintain privacy for your family and businesses.
Why choose Watts McCray for high-asset divorces
- Accredited Specialists with decades of experience in high-value property matters
- Proven expertise in complex, business-heavy and international financial cases
- Strategic, discreet and outcome-focused approach
- Trusted by executives, founders, professionals and high-net-worth clients nationwide
- Offices in Sydney, Parramatta, Northern Beaches, Eastern Suburbs and Wollongong
Our team is regularly involved in some of the most complex and high-profile property settlement matters in the country. We’re here to help you with yours.
The Watts McCray Divorce & Separation Process
If you’re ready to get started with your own divorce or separation, here’s what you can expect:
Step 1: Initial consultation
Meet with one of our expert family lawyers to discuss your separation and financial situation.
We’re available to meet online or in person with confidentiality and efficiency remaining at the front of mind throughout your matter.
Step 2: Financial disclosure
We’ll collect documents and evidence relating to property, trusts, companies, superannuation and investments.
Step 3: Valuation and investigation
Experts assess the true value of assets, cashflow, tax exposure and business interests.
Step 4: Negotiation and mediation
We work toward a confidential and fair agreement wherever possible through private negotiation, mediation or arbitration.
Step 5: Litigation (if required)
If litigation or Court appearances are necessary due to disputes, non-disclosure, complex structures or international issues, our expert litigation team can represent you in Court.
Step 5: Settlement and implementation
Once final divorce orders are made, we also make sure that all financial arrangements are put into effect, including property transfers, trust restructures or maintenance arrangements.
Contact our Specialist Family Law Team
Do you have a question about family law or relationship law?
Contact us today, and a member of our team will get back to you soon.
FAQs
High-asset divorces are typically considered to be such when they include substantial wealth and assets. These could include:
- Substantial property portfolios
- Shareholdings, investments or multiple income streams
- Trusts, companies, partnerships or other business interests
- Self-managed super funds (also known as SMSFs)
- Inherited or intergenerational wealth
- International property or offshore financial structures
The Family Law Act applies the same principles to the division of assets regardless of whether it’s a high-asset divorce or not. However, there are some additional considerations when it comes to valuing and assessing complex financial structures or wealth, and these often require additional investigation.
Yes. Financial agreements (also known as BFAs) can be entered into before marriage (when they’re also colloquially known as prenuptial agreements) or after marriage (when they’re also known as postnuptial agreements). These are great ways to safeguard wealth, reduce risk and also add some certainty and clarity to your relationships.
Business interests are generally treated like any other property under the Family Law Act, and may form part of the asset pool. If so, they will need to be valued and then considered in the overall property settlement. This often involves assessing ownership structures, control, cash flow, goodwill, liabilities and the role each spouse has played in the business.
Typically you’ll need a formal valuation first. Once the value is confirmed, the Court will determine how that interest should be divided. This may involve one partner retaining the business and compensating the other, restructuring shareholdings or, if necessary, selling the business.
The goal is to achieve a settlement that’s fair, commercial, practical and protects the ongoing viability of the business wherever possible.
Yes, overseas assets can be included. However, working through jurisdictional issues and enforcing any agreements and rulings may require coordinated international advice. Our team is absolutely available to help you with this process.
Our team will always keep your matter absolutely confidential. We also prioritise your privacy through mediation, arbitration and discrete negotiation to avoid unnecessary public exposure.
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