Complex / High Net Worth Financial Matters.

These regularly involve third-parties, international or multinational (often referred to as cross-border) assets and commercial sensitivities that require a definitively strategic, technically accurate and detailed approach. Sayer Jones advises clients in complex ultra high net worth and high net worth positions, providing precise and strategic advice that these cases require. 

A common misconception is assets held within a commercial structure, such as a company or trust, are immune from a division of assets following separation. However, the law provides a mechanism to ‘lift the corporate veil’ and can treat the entities in many circumstances as property of the parties themselves. Whether or not a commercial entity or trust interest is considered ‘property’ for Family Law purposes will often be guided by the degree of control one or the other party has over the conduct of the entity.

In Australia, assets held internationally or “offshore” are still “property” for Australian Family Law asset division. They must be included in the balance sheet on which the financial settlement will be based.

Complex Financial Settlements frequently intersect with issues of spousal maintenance, tax planning and asset protection. Prenuptial Financial Agreements are often a way of ensuring that upon separation, a property settlement is effected in a way that safeguards assets while ensuring that there is an overall division that recognises each party’s contributions and ongoing needs. We work closely with our clients’ existing advisors (such as accountants and tax advisors) to ensure that all assets are identified, and where needed, protected.

With early identification of the asset pool available for division, and where there may not be a binding prenuptial Financial Agreement in place, dispute resolution is available to resolve matters without litigation. If litigation is required, the Federal Circuit and Family Court of Australia (Division 1) now has a specialised list for financial matters that are deemed financially complex and significant in value. The preconditions to entrance into this specialised list are:

• The matter has contested net asset pool of $20 million or more; and

• There are complex disputed issues. These can include:

  • serious allegations of non-disclosure;

  • serious disputes in relation to valuations or other expert reports;

  • substantial assets held through a trust/corporate entity or offshore;

  • substantial third-party claims to the asset pool;

  • serious allegations of fraud; or

  • other complex questions of law or novel points of law.

If you are navigating a complex Financial Settlement, high net worth divorce, or separation involving trusts, companies or business interests, obtaining strategic legal advice early can make a significant difference to the outcome.

Sayer Jones advises business owners, professionals, ultra high net worth and high net worth individuals in complex financial separations across Australia. Our team has extensive experience managing matters involving substantial asset pools, family trusts, corporate structures, and offshore assets.

We provide confidential, strategic advice tailored to protecting both your financial position and long-term interests.