Key Takeaways
- Expert valuations are often required in family law property settlements.
- If both parties don’t agree on value, a jointly appointed expert is typically used.
- You can challenge a valuation if it contains factual errors or relies on flawed assumptions.
- Seeking a second opinion isn’t enough — objections must be supported by evidence.
- Legal advice is essential when disputing valuations in family law matters.
When separating couples divide property, determining asset values is a key step. But what happens when you disagree with an expert valuation?
Property, businesses, superannuation, and even household contents may require a formal valuation — especially when there’s a significant asset pool or disagreement about what things are worth. If you believe the figure is inaccurate or unfair, there are legal steps you can take.
At Berryman Partners, we regularly advise clients across Newcastle, Lake Macquarie and the Hunter on how to respond to valuations during property settlement proceedings. Here’s what you need to know.
Why expert valuations matter
In family law, courts require evidence-based valuations of significant assets to ensure a just and equitable property division. These valuations are typically conducted by a joint single expert, meaning both parties agree to instruct one independent valuer.
Assets that often require formal valuation include:
- Real estate (homes, investment properties, rural land)
- Businesses or shares in private companies
- Superannuation interests
- Valuable personal property (vehicles, art, jewellery)
These expert reports become evidence in court and carry significant weight — so it’s vital they are accurate.
When you can challenge an expert valuation
If you disagree with a valuation, you can’t simply dismiss it. The courts treat jointly appointed experts as impartial, and challenging their opinion requires proper process and supporting material.
Grounds for disputing a valuation may include:
- Factual errors — such as incorrect measurements, missed features, or wrong assumptions about condition
- Outdated sales comparisons — if market data is stale or not comparable
- Failure to consider unique characteristics of the asset
- Mathematical or methodological errors
You’ll need more than just a personal view or differing opinion to have the court disregard the expert’s findings.
What you can do if you disagree
1. Seek clarification from the valuer
You (or your lawyer) can submit questions to the valuer under Family Law Rules, requesting clarification or justification of the methodology used. This may resolve issues without escalating.
2. Obtain a critique or shadow report
In some cases, your legal team may commission a second valuer to review the original report and provide a critique. While this second expert’s opinion doesn’t replace the joint expert report, it can help identify errors or support cross-examination in court.
3. Challenge the report in court
If the dispute continues, your lawyer can:
- Cross-examine the valuer during proceedings
- Apply for permission to rely on a different expert (only granted in exceptional cases)
- Present alternative evidence to dispute key assumptions
Be aware: courts are reluctant to allow duelling experts unless there’s a strong reason. Joint reports are preferred to avoid lengthy and costly disputes.
Preventing valuation disputes from the outset
Disagreements often stem from a lack of understanding or poor communication early in the process. To reduce the chance of future issues:
- Ensure the scope of the valuation is clear and agreed by both parties
- Provide accurate and complete information to the valuer
- Work with your lawyer to vet expert selection carefully
At Berryman Partners, we help clients engage trusted valuers and prepare effectively for the valuation process, avoiding unnecessary conflict later on.
Legal support makes the difference
Disputing a valuation is not a DIY process. Courts have strict rules on expert evidence, and missteps can damage your credibility or delay your case.
Whether you’re concerned about the accuracy of a property valuation or need advice on how to present a strong case, Berryman Partners can help. Our family law team has deep experience in high-value property settlements, business valuations, and complex asset division.
We’ll assess the valuation, help you understand your options, and represent your interests with clarity and strength.
Contact us today to discuss your property settlement and how we can protect your financial future.
This blog was written by Senior Associate,
Liz McIntyre
Liz practises in the areas of Family Law, Wills & Estate Planning,
Deceased Estates, Wills disputes and Conveyancing
