Superannuation
Superannuation is "property" under the Family Law Act 1975.
What if I have no information about my partner's superannuation interests?
It is important to determine all superannuation interests that both partners have in any superannuation fund and then steps can be taken to ascertain the value of the superannuation assets.
We are able to assist you identify the superannuation interests held by you and your partner as well as their value.
Can we agree to split out superannuation interests?
Legislation allows parties to a marriage to enter into a "superannuation agreement" as part of their property settlement. If agreement cannot be reached, the Family Court can make orders in relation to any superannuation interests, subject to certain provisions of the Family Law Act.
We recommend that you seek legal representation if parties wish to split their superannuation interests as part of a property settlement. There are onerous obligations under the relevant superannuation regulations that must be complied with to carry out the interest or payment split.
For additional information, please contact our Family Law team.