Protect Your Wealth From Lawsuits, Creditors & Claims
You’ve worked decades to build wealth—don’t let one lawsuit, business failure, or relationship breakdown wipe it all out. Implement legal asset protection structures before it’s too late.
Your Assets Are More Vulnerable Than You Think
Most Australians have no asset protection strategy. They own everything in their personal name or joint names, completely exposed to creditors, lawsuits, relationship breakdown, and business failure. One bad event can destroy a lifetime of wealth accumulation. The harsh reality is that once you’re sued or facing a claim, it’s too late to protect assets—the law prevents transfers made to defeat creditors.
- All assets in personal names—completely exposed
- Business debts personally guaranteed
- Investment properties at risk from business creditors
- No separation between personal and business assets
- Worried about potential lawsuits or claims
- Relationship breakdown could split assets unfairly
- High-risk profession with liability exposure
- No insurance or inadequate coverage
The Critical Timing Issue
Asset protection MUST be implemented before problems arise. Courts and creditors can unwind asset transfers made with the intention of defeating creditors. This means you need structures in place years before you need them. Waiting until you’re sued, going through bankruptcy, or facing relationship breakdown makes asset protection impossible—or even illegal. The time to act is now, while everything is fine.
Our Asset Protection Strategy
We design comprehensive, legal asset protection structures tailored to your specific risk profile and wealth position. Our strategies focus on legitimate structuring, not hiding assets, ensuring your wealth is protected while remaining compliant with Australian law.
1. Risk Assessment & Exposure Analysis
We identify your specific risk exposures—whether from business operations, professional liability, investment activities, or personal circumstances. Different risks require different protection strategies.
2. Discretionary Trust Structures
We establish family or discretionary trusts to hold investment assets. Trust assets are not owned personally, providing protection from personal creditors while offering tax planning flexibility and estate planning benefits.
3. Company Structures for Trading
We separate trading activities into company structures with limited liability. This quarantines business risk and prevents business creditors from accessing personal assets (assuming no personal guarantees).
4. Superannuation Protection
We maximize superannuation contributions as super funds are generally protected from creditors and bankruptcy (subject to contribution limits and timing). This is one of Australia’s strongest asset protection vehicles.
5. Spouse Asset Allocation
We strategically allocate assets between spouses based on risk exposure. The lower-risk spouse holds investment assets while the higher-risk spouse operates businesses, minimizing family exposure.
6. Binding Financial Agreements
For couples, we coordinate with legal advisors to implement binding financial agreements (prenups or postnups) that protect pre-existing wealth from relationship property division.
7. Insurance Gap Analysis
We review your insurance coverage for adequacy—professional indemnity, public liability, directors and officers insurance, personal liability, life, TPD, trauma, and income protection. Insurance is the first line of defense.
8. Entity Holding Structure Design
We design multi-entity structures where different entities hold different assets. This creates “firewalls” so that if one entity is sued or fails, other assets remain protected.
9. Personal Guarantee Minimization
We negotiate with banks and suppliers to reduce or eliminate personal guarantees where possible. Every personal guarantee you remove protects your personal wealth from business creditors.
10. Estate Planning Integration
We coordinate asset protection with estate planning through testamentary trusts, which protect inheritances from beneficiaries’ creditors and relationship breakdowns.
What Proper Tax Planning Delivers
- Personal wealth protected from business creditors
- Investment assets quarantined from trading risk
- Family home and assets protected from lawsuits
- Wealth preserved in case of business failure
- Assets protected from relationship breakdown
- Inheritance protected for children
- Peace of mind knowing your wealth is secure
- Sleep easy despite operating a risky business
Real Results: Brisbane Building Industry Client
A builder with $2.1M in personal assets (home, investment properties, savings) had everything in personal names and multiple personal guarantees. We restructured: moved investment properties into a discretionary trust, maximized super contributions ($170K), allocated remaining personal assets to spouse, established a trading company with limited liability, and negotiated removal of 2 of 3 personal guarantees. Two years later, a major project dispute resulted in a $380K claim against the trading company. Because of proper structure, his personal assets were completely protected. The company paid the claim from insurance and retained earnings, but his home, investments, and family wealth remained untouched.
Asset Protection Is Legal & Ethical
Asset protection is NOT about hiding assets or evading responsibilities. It’s about legitimate structuring using legal entities and vehicles available under Australian law. Doctors use medical indemnity insurance. Companies use limited liability. Families use trusts. These are all recognized asset protection tools. The key is implementing them before problems arise, with proper advice, and maintaining them correctly.
Common Asset Protection Mistakes
Many people make critical mistakes: implementing structures after problems arise (too late), transferring assets to defeat known creditors (illegal), using structures incorrectly (not legally binding), forgetting about personal guarantees (bypasses protection), or having no insurance (first defense). We ensure your asset protection is done correctly, legally, and effectively.
Ready to Protect Your Wealth?
Book an Asset Protection Strategy Session and discover how to legally safeguard your assets from creditors, lawsuits, and claims.