A question that often is asked in family law proceedings is “What is the value of my husband’s/wife’s business?”

 

In a normal commercial context, that question can often be answered by looking at what an “arms-length” purchaser would be willing to pay for the business. Very often, in family law cases, there may be no ready market for the particular business and if the “arms-length” test was applied, the result might be a nil value.

 

The Family Court has often said that it is willing to look at what the business is worth to the spouse who is going to retain it in establishing a value. Accordingly, where a husband or wife will continue after separation to conduct a business that is generating substantial income, the Court may put a value on that business that is a value to the remaining spouse personally.

 

For any information or assistance concerning family law or estate litigation matters, please contact Greg Dickson at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or on 9526 2608.