Superannuation for Married Couples and De Facto Couples

Superannuation is now treated similarly to property in family law matters.

The legislation provides methodologies for valuing superannuation entitlements and enables the Family Court to make 'flagging' orders and 'splitting' orders. A flagging order basically operates as an order against the trustee of the superannuation fund and a splitting order means that the Family Court can in effect split a superannuation interest into two separate interests in equal or unequal proportions. As a result, it is possible for the Family Court to order (or for the parties to agree on) a division of property where both parties have a share of the assets and superannuation interests to provide for their future.

Please contact us to obtain detailed advice regarding your property settlement, having regard to any superannuation you or your partner may have.


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