How do we split our superannuation if my partner and I agree?
How to Split Superannuation after Separation
When the Court is making an Order for property settlement, it uses a four step process to determine what each party is entitled to receive.
The first step is identifying the property pool. You may be surprised to know that superannuation is included in the property pool.
For more information on splitting assets after separation read here.
If you and your partner have an agreement for the amount of superannuation that you will each retain, you can formalise this agreement by way of an application for consent orders.
When the court is considering applications for consent orders, the four-step process is used to determine whether or not the orders sought and just and equitable. If you do not want the orders to be rejected by the court, it is a good idea to get legal advice on what your likely entitlements would be prior to sending orders to the Court.
The orders for a superannuation split are quite complex and you are required to give procedural fairness to the trustee of the superannuation fund. It is a good idea to get assistance from a lawyer for this.
How do I get some of my partner’s superannuation if they do not agree?
If you and your partner cannot reach agreement in relation to the superannuation that you should each retain, you may like to consider the following:
- Attending mediation to see if you can reach agreement.
- Making an application to the Court for property settlement.
It is important to note that Court proceedings are often time consuming and costly. You may wish to use a lawyer to help you negotiate with your former partner or ask them to attend mediation with you instead.
If you would like any further information in relation to the information contained in this article, or would like to have a free consult with one of our lawyers, please do not hesitate in contacting our office.
This information does not constitute legal advice. You should consult with a lawyer to obtain independent legal advice relevant to your situation.
We are Family Court solicitors who are experienced in providing divorce and separation legal advice in parenting and financial disputes. We have many years experience in court advocacy and dealing with matters involving complicated parenting disputes including matters that require several Family Reports.
Contact us for more information or to book a free legal advice session to find out your options.
This information does not constitute legal advice. You should consult with a lawyer to obtain independent legal advice relevant to your situation.
