What Is a Family Law Property Valuation?

A family law property valuation is a formal assessment of a property's market value for the purpose of dividing assets during separation or divorce. It's governed by the Family Law Act 1975, which sets out how property should be distributed between separating parties.

This type of valuation is different from a real estate agent's appraisal. Appraisals are free and can be useful as a starting point, but they're informal opinions that can vary significantly between agents — and they're not accepted as evidence in court. A family law valuation is prepared by a certified valuer and meets the strict requirements of the Family Court. Whether you're valuing a residential property, investment property, or rural acreage, the process provides an impartial, evidence-based figure that can be used in negotiations, mediation, or court proceedings.

When Do You Need a Family Law Property Valuation?

There are several situations where a formal property valuation becomes necessary during separation.

Divorce or Separation Property Settlement

When a marriage ends, all assets need to be identified and valued before they can be divided. If the family home or other real estate is part of the asset pool, you'll need to establish its current market value. This applies whether you're planning to sell the property, have one party buy out the other, or transfer ownership as part of the settlement.

De Facto Relationship Breakdown

The same rules apply to de facto relationships that meet certain criteria under the Family Law Act. If you've been living together for at least two years, have a child together, or have made significant financial contributions, you may be entitled to a property settlement. A formal valuation helps establish the value of shared assets.

Court Proceedings

If your matter proceeds to the Federal Circuit and Family Court, you'll need a valuation that meets court requirements. The court requires property evidence to be provided by a single expert witness — a certified valuer jointly appointed by both parties. The valuation report must comply with the Family Law Rules and the Expert Witness Code of Conduct. There's no way around this.

Mediation and Dispute Resolution

Even if your matter doesn't go to court, a formal valuation can help resolve disputes during mediation. Having an independent figure that both parties accept makes it easier to negotiate a fair outcome without the cost and stress of litigation.

Consent Orders and Binding Financial Agreements

If you're formalising your property settlement through consent orders or a binding financial agreement, you'll need accurate values for all assets. This includes superannuation — and if your SMSF holds property, you may also need an SMSF property valuation to determine the value of that interest. If property is being transferred between parties, there may also be capital gains tax implications to consider.

What Is a Single Expert Witness?

In family law matters, the Federal Circuit and Family Court requires that evidence about the value of property be given by a single expert witness. This is different from other types of legal proceedings where each party might engage their own expert.

A single expert witness is a certified valuer who is jointly appointed by both parties — or appointed by the court if the parties can't agree. The valuer must be impartial and independent. They're not acting for either party; they're providing an objective opinion to assist the court. The single expert must comply with the Expert Witness Code of Conduct. They can't communicate directly with either party (except through their lawyers) and must disclose any potential conflicts of interest. If the matter goes to trial, the valuer may be required to attend court and be cross-examined on their report.

Here's the thing: this approach actually benefits everyone. It reduces costs because both parties share the expense of one valuation rather than each paying for their own. It also minimises disputes — when there's only one expert opinion, there's less room for argument about which value is correct.

What's Included in a Family Law Valuation Report?

A family law valuation report is more detailed than a standard market valuation. It needs to meet the requirements of the court and provide sufficient evidence to support the valuer's opinion of market value.

There are two main report types used in family law matters. A short form report is suitable for mediation and out-of-court settlements. A long form report is more detailed and is required for court proceedings. Long form reports typically run to 25 pages or more and include extensive detail on the property, the market, and the valuation methodology.

How Is Property Valued in Family Law Matters?

The goal of a family law valuation is to determine the property's fair market value — what a willing buyer would pay a willing seller in an arm's length transaction, after proper marketing, with both parties acting knowledgeably and without pressure.

An important point: property is valued at the date of settlement, not the date of separation. If there's a significant gap between when you separated and when your property settlement is finalised, the value may have changed. We've seen cases where a two-year delay meant a difference of hundreds of thousands of dollars. This is why it's often worth getting a valuation closer to when you expect to finalise matters, rather than immediately after separation.

The valuer will conduct an internal and external inspection of the property. They'll assess the property's condition, size, layout, age, and any improvements or renovations. They'll also research the local market and analyse recent sales of comparable properties. Factors that affect value include location, proximity to amenities, land size, building quality, number of bedrooms and bathrooms, parking, outdoor areas, and current market conditions. Every property is different, and the valuer will consider all relevant factors to arrive at an accurate figure.

Why Choose a Certified Property Valuer?

Choosing the right valuer matters. In family law matters, you need someone who understands the court's requirements and can provide a report that will be accepted as evidence.

A certified property valuer holds qualifications recognised by the Australian Property Institute (API) and operates under strict professional and ethical standards. Unlike real estate agents — who may be motivated to provide an optimistic figure to win a listing — a certified valuer has no conflict of interest. Their role is to provide an objective, evidence-based opinion of market value.

Experience in family law matters is also important. The valuer needs to understand how the single expert witness process works, how to prepare a report that complies with the Family Law Rules, and how to conduct themselves if they're called to give evidence in court. An experienced valuer can handle cross-examination professionally and defend their valuation methodology. That confidence matters when you're in a courtroom.

At Alliance Australia Property, our valuers have extensive experience with family law property valuations. We understand that separation is a difficult time, and we approach every valuation with sensitivity and professionalism. We can act as a single expert witness, and our reports are prepared to meet the requirements of the Federal Circuit and Family Court.

8 FAQs About Family Law Property Valuations

What is a family law property valuation?

A family law property valuation is a formal assessment of a property's market value for the purpose of dividing assets during separation or divorce. It's prepared by a certified valuer and can be used in negotiations, mediation, or court proceedings.

Do I need a valuation for my divorce property settlement?

If you and your former partner can agree on the value of your property, you may not need a formal valuation. But if there's any disagreement — or if your matter is going to court — a certified valuation provides an independent figure that both parties can rely on.

What's the difference between an appraisal and a valuation?

An appraisal is an informal estimate provided by a real estate agent, usually for free. It's not accepted as evidence in court. A valuation is a formal report prepared by a certified valuer that meets court requirements and can be used as expert evidence.

Who pays for the family law property valuation?

Typically, both parties share the cost of the single expert valuation equally. That said, you can agree to a different arrangement, or the court may order one party to pay if there's a significant imbalance in financial circumstances.

Can I use my own valuer in family court?

The court's preference is for a single expert witness jointly appointed by both parties. If you want to rely on evidence from a separate valuer, you'll need the court's permission. This is generally only granted in special circumstances, such as where the single expert's methodology is fundamentally flawed.

How long does a family law valuation take?

Most family law valuations are completed within 5 to 10 business days after the inspection. Turnaround times may vary depending on the property type and complexity.

What if I disagree with the valuation?

If you disagree with the single expert's valuation, you have options. You can request a conference with the valuer to clarify the report, or you can submit written questions for clarification. In some cases, the court may allow you to engage a separate expert, but this requires permission and is not guaranteed.

Can the valuation be used in court?

Yes. A family law valuation prepared by a certified valuer and compliant with the Family Law Rules can be used as expert evidence in the Federal Circuit and Family Court. The valuer may be required to attend court and be cross-examined on their report.

Need a family law property valuation?

Get a quote for your family law property valuation today, or give us a call to speak with one of our certified valuers.