Superannuation 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 spouses 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 and value the superannuation interests held by you and your spouse.

Can we agree to split out superannuation entitlements?

Legislation allows parties to a marriage to enter into consent orders or a "superannuation agreement" as part of their property settlement in order to divide their superannuation entitlements. If agreement cannot be reached, the Court can make orders in relation to any superannuation entitlements, subject to certain provisions of the Family Law Act.
We recommend that you seek legal representation if you wish to split superannuation entitlements 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.
If you are unsure how to split your superannuation entitlements or for assistance in doing so, contact our expert team of Divorce Lawyers in Brisbane and Melbourne.
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