Why earning capacity matters during divorce
Why is earning capacity important? Read on to learn more about reasons for loss of earning capacity and who can get affected in divorce.
If you are divorcing or separating with substantial assets, a family-owned business, a family trust or other complex assets, you will likely need experienced and specialised legal expertise. As a high-net-worth individual (HNWI), divorces can be complex and typically need an expert, strategic approach.
At Australian Family Lawyers, we provide tailored legal solutions for high-net-worth individuals or those who are facing a complicated separation. You’ll need a client-focused approach to ensure your assets and future financial security are safeguarded and that your disputes are handled with discretion. That’s where we come in.
High-net-worth separations and divorces can present unique challenges – both legal and financial. These challenges are best handled by an expert who specialises in resolving complex divorces and separations.
While real property is the main asset in most divorce settlements, these complex matters may involve (among others):
Complex or high-net-worth separations can also bring up issues of privacy and
confidentiality. Our team can handle your divorce with discretion and media-sensitivity.
With decades of experience, Australian Family Lawyers is a trusted partner for HNWIs who can benefit from expert legal help in complex family law matters. When you work with AFL you get a team provides you with:
Our lawyers work collaboratively with leading financial professionals Australia wide to
assist all our HNWIs throughout a divorce or separation. We help navigate high-value
asset disputes and work to get you the best results for your situation with discretion and
privacy as our top priorities.
Our comprehensive suite of family law services are tailored to HNWIs, including:
…and more.
Tailored Solutions for Complex Family Law Matters—Call NowTypically a high-net-worth divorce is where the net worth of the couple is over $5 million, including the family home, and the couple earns over $250,000 per year. We have however extensive experience in matters involving hundreds of millions.
A high-net-worth case does tend to take longer to resolve than your typical divorce settlement, both in and out of court. This is usually due to the length of time it takes to identify and value the asset pool.
Our team can help you get temporary orders put in place that can manage some of the issues, such as spousal support or child custody
Many high-net-worth divorces are quite public. This is particularly true for public figures or celebrities, or people that are very wealthy. Section 121 of the Family Law Act prohibits the publication of any divorce proceedings where the parties are identifiable.
Property settlements follow the same process whether individuals are HNWIs or not. Most separating couples will typically split their assets upon separating. If the parties can’t agree on how to split the assets, they’ll first attend mediation or another form or alternative dispute resolution to try to come to an agreement. If that doesn’t work, the Family Court can work out a property settlement on behalf of the parties.
More HNW divorces will involve the Court system. This is due to the complexity in identifying and valuing the property and assets in these cases. However, once the property is identified and valued, the process of marital property settlements remains the same.
1. Identify and value the marital property.
2. Assess the contributions – both financial and non-financial – of each party.
3. Make a future needs adjustment, as necessary.
4. Negotiate and attend mediation, as necessary.
5. Finalise the agreement, or make consent orders, and divide the property.
There is no rigid formula for how a property settlement is decided. Every case is decided on its own merits.
Read more about divorce and separation in Australia.
Why is earning capacity important? Read on to learn more about reasons for loss of earning capacity and who can get affected in divorce.
Read our top 11 tips to help you protect your assets in a divorce in Australia with practical advice from our legal team.
In this guide, we explain the process of dividing your assets in the eventof separation and divorce.
In this article, we’ll explore three types of financial settlements after separation and some paramount legal considerations for them.
Our team of dedicated family lawyers are committed to the swift and dignified resolution of your de facto separation. We know how tough this time is on you, and we are here to offer support, guidance, and industry-leading representation during your separation.
Speak With a High Net Worth Divorce Lawyer Near YouWe are proud to announce we have been named as a finalist in the Australian Law Awards for Law firm of the years 2020, 2021, 2022, 2023 and 2025.
Award recipients represent a true cross section of the legal industry, recognising the contributions of the profession’s most senior ranks through to its rising stars.
Do you have a question about family law or relationship law?
Contact us today, and a member of our team will get back to you soon.
To help you understand your next steps clearly, even during this time of uncertainty, we provide steady, plain English guidance at Australian Family Lawyers. Because we represent Australia's largest specialised family law firm, you can rely on our experience and a solutions-focused strategy to support you in moving forward with confidence.
We operate on a settlement-first approach, focusing on negotiation and family mediation to help reduce stress and avoid the unnecessary conflict you may be worried about when researching "nsw family law specialists", "child custody solictor townsville" or "family law solicitors sydney". To add, our services cover Victoria, New South Wales, Queensland, Western Australia, the ACT and the Northern Territory, ensuring you can access legal support across the country.
Staying informed is critical when making legal decisions, and you deserve to get the details you need when you're wondering about "family lawyers perth", "family dispute resolution" or "australian prenup". That's why, with every family law decision, you get direct access to your lawyer to stay updated without intermediaries, so book your consultation with us today.