Maximising the Asset Pool in Family Law Property Settlements – a recorded lunchtime online conference

Duration: Approximately 2.5 Hours

Hear from the experts at this online conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson and presentations

One registration can be shared by colleagues within the same firm utilising the same login.

THE PROGRAM

Session 1: Identifying Complex Assets in Property Settlements

As the High Court made clear in Stamford, an essential part of any family property matter is to identify the legal and equitable interests of the parties in any property. However, determining the size of the asset pool can be difficult, particularly where parties have interests in complex company and trust arrangements. This session covers:

• Court consideration of equitable interests in property
• Alter egos and other controlling interests in trusts and companies:
  • Distinction between control and ownership
  • De jure control
  • De facto control
  • Sham trusts
• Identifying business interests – either owned personally, or through any form of corporate entity, trust or partnership structure
• Spotlight on identifying digital assets:
  • Cryptocurrencies
  • Assets held in the Cloud
  • Instagram and other social media accounts

Session 2: Enlarging the Asset Pool: The Treatment of Addbacks and Loans in Property Settlements

The task of constructing a balance sheet is rarely easy. This session explores two key issues which often arise in family law property matters: the adding back of notional assets into the pool of property available for division between separated parties and the treatment of assets advanced to a party by their parents. It covers:

Addbacks:

• The Court’s current approach to addbacks
• Where the parties have expended money on legal fees
• Premature distribution of matrimonial assets
• Waste of matrimonial assets
• Intersection between addbacks and Stanford principles

Loans and Gifts:

• How do inter-familial loans impact property settlements
• Creation of resulting trusts
• Presumption of advancement and rebutting the presumption
• Tips and tricks when dealing with loans

Session 3: Appointing and Challenging the Experts in Family Law Asset Valuations

The volatile economic conditions coupled with ongoing trading performance uncertainty has increased reliance on business valuations in family law property proceedings. While expert valuers are often engaged, what happens where one party disagrees with the valuation? This session examines the process with a critical eye and provides strategies for review, including:

• Professional and ethical requirements and the appointment of an expert
• The single expert valuation process and rules unpacked
• The expert report – Content and process
• What to do if one party doesn’t agree with the valuation?
• Shadow and adversarial experts – is there a difference in the roles?
• How to effectively ask questions of the valuer
• What are the hurdles in getting another expert appointed?
• What are the typical problems with valuation reports?
• What errors are often found in valuation reports?
• When should different scenarios and updates be prepared?