Superannuation Splitting Lawyer In Newstead, Brisbane
Splitting superannuation interests is an increasingly important part of property settlements for married couples and people in a de facto relationship. Our family lawyers can provide independent legal advice to support each party’s superannuation entitlements under the Family Law Act 1975.
How we help with superannuation splitting in family law
Superannuation is often one of the most significant assets parties have. We help clients navigate superannuation laws, which involve a lot of technical details. Here are some of the matters we’ll work through with you:
- Get an accurate valuation from your superannuation fund.
- Determine an appropriate method of splitting for your circumstances.
- Prepare information requests to serve on your superannuation fund trustee.
- Draft a proposed superannuation splitting order.
- File an application for consent orders or a financial agreement.
- Work with the trustee through to completion of the split.
- Respond to an application made against you.
Types of super we help split
Superannuation interests can take different forms. The type of superannuation you have affects how they need to be handled. We work with the following types of super funds.
Accumulation funds
If you’re with a retail or industry fund, this is likely the kind of super you have. It typically consists of required contributions made by your employer, contributions you’ve made personally, and investments made by the trustee. It’s often the easiest to value because the valuation is the account balance.
Defined benefit fund
Are you a public sector employee or a long-serving corporate worker? You may have a defined benefit interest. They’re generally more complex than accumulation interests. There’s no account balance to point to since your retirement benefit is based on a pre-determined formula approved by superannuation regulations.
Self-managed superannuation fund (SMSF)
SMSF members usually also act as fund trustees. SMSFs can contain a range of assets that make splitting complex. There are various issues we may advise you on, such as:
- Valuation of balances for each spouse.
- Navigating specific trust deed rules.
- Handling illiquid assets like property or small business.
- Ensuring compliance with ATO regulations.
Small APRA fund (SAF)
SAFs are similar to SMSFs and may include up to 6 members. However, the fund is managed by a professional trustee rather than the members themselves. This can make them slightly easier to manage during a property settlement.
How the process works with us
Step-by-step guidance through complex legal requirements.
Free initial consultation
Superannuation splitting is often part of a property settlement. However, super has unique technical requirements. We’ll use this time to understand your situation and the particular steps needed for your case.
Disclosure and information requests
We’ll then identify all relevant superannuation funds. Parties can have more than one super interest. If they haven’t all been disclosed, we can request ATO-held information from the Federal Circuit and Family Court of Australia (FCFCOA).
Valuation
Requesting information from the trustee on account balances.
Work with a qualified actuary to determine valuation.
Working with fund trustees and accountants for accuracy.
Determining proper value through professional trustees.
Deciding on a splitting method
Splitting superannuation is not mandatory. Couples can agree whether or not to divide a superannuation interest as part of their overall property settlement. Common methods include a specific base amount or a percentage split.
Formalisation & informing trustee
We formalise splits via private agreements, consent orders, or court orders. We must notify trustees 28 days prior to submission to allow for procedural review.
When the split takes effect
Depending on how the split is structured, the non-member spouse’s share may be transferred to their own superannuation now, or paid to them when the member’s superannuation becomes payable. Either way, the amount remains superannuation. It can usually only be accessed once the non-member spouse reaches a condition of release, such as retirement.
Why people choose Andrews Family Lawyers for super splitting
We work with a range of different types of superannuation funds and understand FCFCOA procedures.
We offer transparent fixed fees for certain services and focus on jargon-free, practical advice.
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Speak with a superannuation splitting lawyer today
Get clear, practical advice on dividing superannuation as part of your property settlement.