Separating from a partner is already a stressful time, but when your financial affairs span multiple countries, it adds another layer of complexity.
Many Australians today have assets overseas, whether it’s real estate, business interests, or investments. If you’re going through a divorce and wondering whether your overseas property is included in a property settlement, the answer is yes.
At Ramsden Family Law, our experienced family lawyers are here to provide clarity on how foreign assets are treated under Australian family law and how to safeguard your global financial interests during divorce.
Are Overseas Assets Considered in an Australian Property Settlement?
Yes. The Federal Circuit and Family Court of Australia (FCFCOA) includes all property owned by both parties, regardless of where it is located when identifying the matrimonial asset pool. This includes:
- Real estate located outside of Australia
- Foreign bank accounts or investments
- Shares in overseas companies
- Superannuation or pensions held in another jurisdiction
- Debts or liabilities incurred overseas
Whether an asset is in one or both names, if it was acquired during the relationship, or in some cases even before, it will generally be assessed as part of the property pool.
How the Court Treats Foreign Assets in Property Settlements
Under section 79 of the Family Law Act 1975, the FCFCOA is empowered to adjust the property interests of parties in a marriage (or de facto relationship under section 90SM).
The Court follows a four-step approach when determining a property settlement:
- Identifying and valuing the total asset pool, including international assets
- Assessing financial and non-financial contributions of each party
- Evaluating the future needs of both parties (e.g., income disparity, childcare)
- Determining a just and equitable division
Even if an asset is held overseas or registered in another country’s legal system, it must be disclosed and included in the Australian family law proceedings.
Challenges in Valuing and Accessing Overseas Assets
Valuing international property or financial holdings isn’t always straightforward. Some of the common hurdles include:
Jurisdictional Limits
Australian courts cannot enforce orders in foreign countries unless the overseas jurisdiction recognises and upholds Australian court decisions. Some overseas jurisdictions allow for Australian orders to be registered in their country which assists in enforcing an Australian property settlement. This is particularly important when you are relying on your ex-partner to transfer or sell overseas property post-settlement.
Market Value Variations
Valuing real estate or assets in another country can require local expert reports or valuations in foreign currencies, which can complicate proceedings and potentially add additional expenses.
Lack of Transparency
Sometimes, one party may try to hide or undervalue overseas assets. That’s why full and frank financial disclosure is a legal obligation, and failure to comply can lead to penalties.
Legal Complexity
Navigating international family law requires working with lawyers who understand foreign jurisdictions, enforcement treaties, and international disclosure rules.
At Ramsden Family Law, we regularly work with financial experts, accountants, and legal counterparts overseas to ensure that no asset is overlooked.
Read our blog on ‘Overseas Assets in Family Law Proceedings’.
When to Seek Expert Legal Support
If your divorce involves complex property holdings, especially overseas, it’s essential to work with a legal team experienced in international family law and cross-border property settlements.
At Ramsden Family Law, we have extensive experience helping clients navigate international asset disclosure, valuation, and division. Whether you’re dealing with foreign investments, holiday homes, or family inheritances abroad, our accredited family law specialists are here to ensure your settlement reflects the full scope of your financial reality.
Learn more about our divorce services.
Our International Family Law Expertise
We have helped clients in Sydney, across Australia, and abroad resolve cross-jurisdictional property matters with care and strategic precision.
We offer:
- Independent valuations and overseas asset investigation
- Collaboration with international legal teams
- Tailored advice based on jurisdictional differences
- Guidance through both negotiation and litigation processes
- Court representation where overseas enforcement is required
Going Through Divorce with Global Assets? We’re Here to Help
If you or your ex-partner hold property overseas, don’t risk missing out on what you’re entitled to.
Protect your interests with expert legal guidance from Ramsden Family Law.
Call 1300 749 709 or
Book a free 30-minute consultation to speak with our team.
We’ll help you secure a fair outcome—both in Australia and abroad.
