A neutral financial valuation report helps the courts assess the division of assets in a divorce and determine the value of assets in probate matters. The POFE Scheme is a collaboration between the FJC and the ISCA to assist parties to determine the value of their assets in such proceedings. At the case conference stage, the judge hearing your case may refer you to the POFE Scheme depending on suitability.
Initial consent
Parties give their preliminary consent to be referred to the POFE Scheme at a case conference held by the judge for the divorce or probate proceedings.
Information gathering
Parties complete a basic information document providing essential details on the case and the assets requiring valuation. This information helps ISCA to select the appropriate financial expert for each case.
Expert assignment
ISCA assigns a financial expert from the panel who is required to conduct conflict checks to ensure independence and objectivity in relation to both parties and the assets to be valued.
Initial discussion meeting
Once conflict checks are completed, parties and the financial expert attend an initial discussion meeting. This meeting is to allow the financial expert to confirm the key information and documents required. At this initial discussion meeting, the financial expert will also confirm with parties the details of the scope of work which may include matters like the valuation date(s) of the assets and fee quotes for external valuers.
Settling the valuation date, if needed
If there is no agreement on the valuation date, then the financial expert cannot start work on the report. In such case, the judge hearing the case may direct that the valuation date be the date of the first hearing of the ancillary matters for the divorce proceedings or the first hearing of the probate proceedings.
Formal agreement
Parties sign a Letter of Consent after being informed of all fee details including the milestone payment structure and the financial expert will sign a LOA. This formalises the engagement and allows the financial expert’s work to start.
Valuation process
The financial expert works directly with parties to obtain the required documents and information, then prepares a comprehensive neutral valuation report which will be submitted to FJC.
Report review
After FJC sends the valuation report to parties, they have one opportunity to submit written questions to the financial expert within 2 weeks of receipt of the valuation report. If no questions are received, the financial expert's work is considered complete.