When a Marriage Ends – Financing a Family Split

Finance Brokers Perth
November 2019 | Finance

Background

As a multidisciplinary organisation with a strong collaborative approach, it’s common that we will assist a client across a number of different areas – for example, real estate, finance and legal. As detailed in the following AAG In Action, our Finance and Legal Teams came together to assist long-standing clients of AAG who required professional advice to guide them through their marriage breakdown.

The couple initially approached AAG to assist in managing the financial separation along with the preparation and lodgement of the Family Court Orders. Within their portfolio were a number of properties, all of which were financed and with the family home as collateral. Our clients wanted to ensure that their financial separation included:

  1. Keeping the family home to enable their children to stay living there;
  2. Retention of their investment properties and the associated loans; and
  3. What they deemed to be an equitable split of circa 55/45.

During the preparation of the Court Orders and Form 11, it became clear that while our clients materially agreed on the financial separation, achieving the split from a finance perspective was going to be challenging. Their ability to refinance and restructure the loans to achieve the desired outcome was going to be hindered by the following aspects:

  1. The decline in the property market, therefore reducing the equity available in the properties; and
  2. The ex-wife’s current employment status and eligibility of her income.

It became clear that AAG’s assistance was required to ensure all of the following aspects were achieved:

  • A suitable financial split could be agreed upon;
  • Finalisation of the Court Orders and Form 11;
  • Obtaining finance in accordance with the executed Court Orders; and
  • Ensuring the overall structure remained as tax-effective as possible.

AAG in Action

The AAG team worked closely with several lenders to determine the appetite and options available to refinance and restructure our clients’ loans and properties in accordance with the Family Court Orders. These options were also reviewed from a tax perspective, to ensure our clients not only executed the Court Orders but that the tax benefits of the initial loan structures remained.

AAG then worked with our clients to evaluate each of the options available, liaising with both parties to ensure they agreed with the proposed course of action. Our goal was to achieve the best possible outcome for both parties, allowing them to execute the Court Orders and move forward with their lives.

Result

Our clients were thoroughly satisfied with the support they received from AAG. Within a short space of time, our teams helped to establish a security guarantee between the parties, allowing the family home to remain and be transferred to the ex-wife. The ex-husband was then able to take over the investment properties and refinance the existing loans.

AAG’s caring and professional staff have the capability to navigate clients through the myriad financial and legal challenges involved with separation and divorce. If you need support in this area, please contact the AAG team today on (08) 9227 6300 or email . We are here to help you!

Important information and disclaimer

This publication has been prepared by AustAsia Group including AustAsia Finance Brokers Pty Ltd (Australian Credit Licence No 385068), AustAsia Legal Pty Ltd (ACN 123 160 476) and AustAsia Accounting Services Pty Ltd (Registered Tax Agent No 7587 3005).

AustAsia Accounting Services Pty Ltd and AustAsia Legal Pty Ltd – Liability limited by a scheme approved under Professional Standards Legislation.

Any advice in this publication is general only and has not been tailored to your circumstances. Accordingly, reliance should not be placed on the information contained in this document as the basis for making any financial investment, insurance, or other decision. Please seek personal advice before acting on this information.

Information in this publication is accurate as at the date of writing, 13 November 2019. Some of the information may have been provided to us by third parties. While it is believed the information is accurate and reliable, the accuracy of that information is not guaranteed in any way.

Opinions constitute our judgement at the time of issue and are subject to change. Neither the Licensee nor any member of AustAsia Group, nor their employees or directors give any warranty of accuracy, nor accept any responsibility, for any errors or omissions in this document.

Any general tax information provided in this publication is intended as a guide only and is based on our general understanding of taxation laws. It is not intended to be a substitute for specialised taxation advice or an assessment of your liabilities, obligations or claim entitlements that arise, or could arise, under taxation law, and we recommend you consult with a registered tax agent.

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