SERVICES

Separation Appraisal

A separation appraisal is an independent and professional assessment of a property’s value, prepared to ensure fairness during the division of assets in a marital separation or divorce. When a matrimonial estate is being dissolved, it is essential that all significant assets—including real estate—be professionally appraised to achieve an equitable settlement.

Important valuation dates may include:

• The date of marriage
• The date of separation
• The current market value

The parties’ lawyers, mediators, or accountants are responsible for advising the appraisal firm which specific valuation dates are required. If the separation is proceeding through the courts, the appraiser must prepare the report in compliance with the Supreme Court Family Rules.

Appraiser’s Role and Responsibilities

An appraiser must remain completely impartial and cannot advocate for either party involved in the separation. The appraiser acts as an independent expert, and if called upon, may be required to serve as an expert witness in court proceedings.

Under Rule 13-2 — Duty of Expert Witnesses, the expert’s obligations are as follows:

1. Duty to the Court

• An expert witness appointed by one or more parties, or by the court itself, must assist the court by providing objective and unbiased professional opinions.
• The expert must not act as an advocate for any party.

2. Advice and Certification

• In any written report, the expert must certify that they:
  (a) Are aware of their duty to the court as stated above;
  (b) Have prepared the report in accordance with that duty; and
  (c) Will provide oral or written testimony, if required, consistent with that duty.