Family Law Valuations in Sydney: Independent Expert Reports
Monita provides independent family law valuations for property settlements, with clear expert reports for lawyers, mediators and the Court.
What a Family Law Valuation Involves
Independent property and business valuations for family law matters and property settlements, with expert reports prepared for lawyers, mediators and the Court.
Who Needs One?
Family lawyers, mediators and parties to a settlement.
- Family home & investment property
- Business interests
- Plant & equipment
Family Law Valuations in Sydney
Monita provides independent valuations of Sydney property, business interests and plant and equipment for separating couples, family lawyers and mediators, from our office at 1/261 George Street, Sydney NSW 2000.
Reports are prepared under Nirav Shah, Chartered Valuation Surveyor (MRICS) and Certified Practising Valuer (Property and Plant & Machinery). Group heritage since 1954. Each report sets out the valuation date, basis, assumptions and market evidence. We are valuers, not lawyers, and do not advise on how assets are divided.
Property and Business Interests
Family law matters often involve more than the family home. We value residential and investment property, business interests, and plant and equipment, so each asset in the pool has a defensible figure. Where more than one asset type is involved, the valuations can be coordinated so the assumptions are consistent.
Why an Independent Valuation, Not an Appraisal
Real estate agent appraisals, purchase prices and bank valuations are prepared for other purposes and can differ widely. A disagreement over which figure to use is a common source of dispute.
An independent valuer gives an opinion for the date and purpose agreed, with the evidence set out so both sides and their lawyers can examine it. If you and your former partner agree on values, a formal valuation may not be needed. Your family lawyer can advise what suits your matter.
How a Family Law Valuation Works
The lawyers or parties agree the assets, the valuation date and whether one valuer will be instructed jointly. We inspect where needed, analyse the evidence and deliver a report that sets out the basis, assumptions and reasoning, so lawyers can use it in negotiation or mediation.
Requirements for expert reports differ between courts and tribunals, so tell us early who will receive the report and we will confirm the format with your lawyers.
Timing, Valuation Dates and Related Matters
The valuation date matters. Some matters need a recent value and others need a value at an earlier date, such as the date of separation. The lawyers or the court usually decide the date, and we value as at the date instructed.
Other questions can arise alongside a settlement, such as a deceased estate, a transfer between family members, or a capital gains tax figure. Those are decisions for your solicitor and accountant, and we can prepare a valuation that suits the purpose. Tell us the full picture early so the report is prepared for the right purpose. If access to a property is limited, say so at the start, because it affects how the valuation is done and what the report must state about its limits. We also record who gave instructions and which documents we relied on, so the lawyers can see exactly what the opinion is based on.
What Affects the Cost
The fee depends on the number and type of assets, whether a business is involved, whether a past date is needed and how soon the report is required. We give a firm fee estimate after the free consultation, before any work begins.
How a Monita Valuation Works
Free consultation
We talk through the purpose, the valuation date and what the report is for.
Scope and fee
You get a firm fee estimate and a delivery date before any work begins.
Valuation
We gather the evidence, inspect where needed and apply the method that suits the purpose.
Report
A clear report setting out the basis, the evidence and the reasoning, ready for your adviser, lender or auditor.
Family Law Valuation FAQs
Do I need a valuation for a property settlement or divorce?
Not always. If you and your former partner agree on the value of the assets, a formal valuation may not be required, though it can still help. If the value is disputed, an independent valuation is often useful. Your family lawyer can advise what suits your situation.
Can your reports be used in family law proceedings?
Our reports are prepared for the stated purpose and set out the basis, assumptions and evidence. Requirements for expert reports differ between courts and tribunals and between matters, so tell us who will receive the report and speak to your solicitor about what is needed.
Why not use a real estate agent's appraisal or the bank's valuation?
Agent appraisals, purchase prices and bank valuations are prepared for different purposes and can be out of date or differ widely. An independent valuer gives an opinion of value for the date and purpose agreed, with the evidence and assumptions set out in a report.
Can one valuer act for both parties?
Yes. Parties often agree to instruct one independent valuer jointly, which can reduce cost and disagreement. Whether this suits your matter, and what the court or your orders require, is a question for your lawyers. We can act on joint instructions if both sides agree.
Who engages and pays for the valuation?
It depends on the matter. Where a valuer is instructed jointly, the lawyers or parties generally give joint instructions and agree how the cost is shared. If each side engages its own valuer, each usually pays its own. Your family lawyer can advise before you contact us.
Can a valuation be prepared for a date in the past?
Yes. Valuations can be prepared as at a past date where a matter requires it, using the market evidence available at that time. The lawyers or the court usually decide the date, so tell us early, as values can change between dates.
Do you value businesses as well as property?
Yes. We value property, business interests and plant and equipment, which can all form part of a property settlement. A trust or company structure can add complexity, so give us the structure details early. Business valuations usually need accounts and other financial information.
What is involved in a family law valuation of a house?
The valuer is instructed, inspects the property where needed, analyses comparable sales and other evidence, and delivers a report with the property description, basis of value, assumptions and reasoning. Please give us the address, access arrangements, the valuation date and the lawyers' names.
What if the other party disputes the valuation?
Speak to your lawyer. A report that sets out its basis, assumptions and comparable sales is easier to examine and discuss. Lawyers may agree a joint valuer or ask for a further report, and we can explain our reasoning to your lawyers on request.
Can you value a property I cannot access?
In some cases. Access is usually arranged through the lawyers or the other party. Where an inspection is not possible, a valuer can sometimes work from records, photographs and market evidence, with the limits clearly stated in the report. Tell us the situation at the start.
Do you value superannuation?
No. We value property, business interests and plant and equipment. Superannuation entitlements are a matter for your lawyer, accountant and the fund. We can value a property or business that is held in a structure, if you tell us how it is held.
How long does a family law valuation take?
It depends on the assets and the information provided, including whether a business or a past valuation date is involved. We confirm a timeline at the start, and urgent matters can be discussed at the free consultation.
Ask about a family law valuation
Tell us about the property or business and who is asking for the report. A valuer will get back to you.
Other valuations you may need
Ready for a precise, independent valuation?
Connect with the Monita Asset Management team. All consultations are free of charge.
- Free initial consultation
- Fee confirmed before any work begins
- Certified Practising Valuer, Sydney CBD office
