Valuing Assets for Property Settlement: What You Need to Know
When separating or divorcing, one of the key steps in a property settlement is determining the value of your assets. This isn’t always as straightforward as it seems especially when it comes to superannuation, businesses, or assets with fluctuating value like shares. So how exactly are assets valued, and who decides what they're worth?

What Types of Assets Are Valued?

In a property settlement, all property and financial resources are included in the asset pool.

This typically involves:
  • Real estate (homes, investment properties, land)
  • Superannuation
  • Bank accounts and savings
  • Shares and investments
  • Vehicles, jewellery, and valuables
  • Businesses or trusts
  • Debts and liabilities (which are subtracted from the asset pool)

Both assets and liabilities must be fully disclosed, even if they’re not in joint names.

How Are Assets Valued?

1. Real Estate
Properties are commonly valued by either:
  • A real estate agent’s appraisal, or
  • An independent sworn valuation from a certified property valuer (preferred if there's disagreement)
The court is more likely to rely on a sworn valuation than on market appraisals.

2. Superannuation
Super is valued differently depending on the type of fund:
  • Accumulation funds (like most industry or retail super funds) are valued based on the current balance
  • Defined benefit funds (common in government or military service) may need actuarial valuation to determine the future benefit

You can request information and valuations directly from the fund using a Form 6 Superannuation Information Request.

3. Shares and Investments
Publicly listed shares are valued at their market price on a specific date. For private shares or managed funds, an independent expert may be required to assess their value.

4. Businesses
A business is considered an asset and may need to be professionally valued, especially if it’s privately owned.

A forensic accountant or business valuer can assess:
  • Profitability
  • Market conditions
  • Goodwill
  • Assets and liabilities

5. Personal Items
Cars, jewellery, furniture, and collectibles are usually valued based on current market value, not purchase price or sentimental value. Parties can agree on a value or use a valuation service.

Who Decides the Final Value?

In most cases, parties are encouraged to agree on asset values with the help of:
  • Independent experts
  • Valuation reports
  • Legal advice

If there’s a dispute and the matter goes to court, a judge will decide based on:
  • The most credible evidence presented
  • Independent valuations
  • Market data

Final Thoughts

Accurate asset valuation is essential to ensuring a fair and equitable property settlement. If you and your ex-partner can’t agree on values, the court will rely on expert evidence. Seeking professional legal and financial advice can help you navigate this process with confidence and ensure nothing is overlooked.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2102 0641 if you need our assistance.
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