Family law property matters
Clarify the business or ownership interest in question and the information available to support the assessment. Your legal adviser should confirm the instructions, appointment process and intended use.
Valuation service
Business valuations for disputes and family law
When business value is disputed, the reasoning behind a conclusion matters as much as the number. The valuation question, relevant date, available evidence and intended use need to be defined carefully. Evident Valuations can discuss business valuation requirements with parties and their legal advisers before the engagement, independence and suitability of the proposed work are confirmed.
When it is useful
Decisions this valuation can support
Shareholder and ownership disputes
Examine the disputed interest against the relevant documents and valuation instructions. Different assumptions about financial performance or the interest being valued can be isolated for analysis.
Mediation and negotiation
A defined valuation scope can help parties understand the financial issues behind different positions. The work should state whether it is for confidential advice, negotiation or proposed evidence.
Evidence and methods
How the value is assessed
Depending on the instructions and evidence, the analysis may consider earnings, cash flows, assets and relevant market comparisons. Assumptions about owner remuneration, related-party arrangements and future trading need to be made explicit. Where competing assumptions are material, separately identified scenarios can make their effect easier to understand.
Read about our valuation approach and Calvin Lim’s experience.
Information we may need
- Written instructions identifying the valuation question and date
- Relevant agreements and any court orders provided by your lawyer
- Financial statements, management accounts and underlying records
- Ownership records, group structure and related-party transactions
- Existing valuation reports and the specific points in dispute
- Information about owner duties, remuneration and business dependence
What the work can deliver
An agreed report can set out the instructions, information relied on, material assumptions, methodology, reasoning and limitations. Any proposed expert evidence requires the applicable court rules and expert duties to be addressed. Attendance, responses to questions, conferences and supplementary work require an appropriate scope.
Scope, fees and timing
The state of the records, number of entities, historic valuation dates and disputed assumptions affect effort. Court or mediation deadlines should be identified early. Access to information and further questions can change the work required, so those dependencies should be addressed when setting the timetable.
Related support
Explore connected valuation services
Real-property valuation, tax advice and legal advice require appropriately qualified advisers. Any reliance on other specialists is agreed within the engagement scope.
Practical questions
Frequently asked questions
Can an expert advocate for my preferred value?
Expert evidence is intended to assist the court impartially within the expert’s field. It should explain the evidence and reasoning supporting the opinion, rather than adopt a preferred result. The specific duties and requirements depend on the court and engagement.
Is an existing commercial valuation suitable for court?
That cannot be assumed. A report prepared for another purpose may not address the right questions, date, evidence or procedural requirements. Your lawyer should identify the intended use before suitability is assessed.
Can a business be valued at a past date?
A historical assessment may be possible where suitable evidence exists. The scope should identify the required date, available records and treatment of later information. Any material gaps need to be explained rather than filled with unsupported assumptions.
Discuss the purpose of your valuation
Tell us the interest involved, the intended use and any deadline. We can then discuss scope and the information needed.