Superannuation Splitting Lawyers in Maroochydore
Superannuation is often one of the more valuable assets considered during a property settlement. Shanahan Family Law assists clients in Maroochydore and across the Sunshine Coast to navigate the complex legal landscape of superannuation interests with clarity and empathy.
How Our Superannuation Lawyers Can Assist.
Identifying interests
Determining all superannuation funds held by each party.
Requesting info
Using the Superannuation Information Request form to gather critical data.
Reviewing statements
Thorough analysis of member statements and fund disclosures.
Obtaining valuations
Arranging actuarial valuations for complex interests.
Negotiating splits
Advocacy toward a fair and equitable division.
Preparing orders
Drafting precise consent orders or formal binding agreements.
Procedural fairness
Ensuring the superannuation fund is properly notified and involved in the process.
Jomandie van der Merwe
SENIOR SOLICITOR
“Navigating the complexities of superannuation requires more than legal knowledge; it requires an empathetic understanding of the long-term security our clients are seeking for their future.”
Jomandie works on property settlements involving complex superannuation structures and provides clear, resolution-focused representation for families across the Sunshine Coast.
How Superannuation Is Treated After Separation
Under the Family Law Act 1975, superannuation is treated as property that can be divided (or “split”) between parties following a separation or divorce. This applies to both married and de facto couples.
April 2022 ATO Updates
From April 2022, legal representatives can request superannuation information directly from the ATO through a court application. This update has streamlined the process of identifying undisclosed superannuation assets, supporting greater transparency in property settlements.
Identifying and Valuing Superannuation.
Not all superannuation funds are created equal. We provide guidance through the nuances of:
- Accumulation interests (standard funds)
- Defined benefit interests (complex valuation)
- Self-managed superannuation funds (SMSF complexity)
How a Superannuation Split Can Be Formalised.
A split must be legally formalised through one of the following methods:
01
Consent Orders
Agreed upon by both parties and approved by the court.
02
Court Orders
Determined by a judge when agreement cannot be reached.
03
Formal Superannuation Agreement
A specialised type of financial agreement.
Notice to the Superannuation Fund.
Before the court can make an order to split superannuation, the trustee of the fund must be given “procedural fairness”. This means the fund must be provided with a copy of the proposed orders and given 28 days to review them.
The fund must confirm they can implement the split as requested. Shanahan Family Law handles the correspondence and notifications to help your orders meet fund requirements.
Can You Access Superannuation After It Is Split?
It is important to understand that a superannuation split does not mean you receive the funds as cash immediately. The split amount remains within the superannuation system and is generally only accessible once you reach preservation age and meet a “condition of release”, such as retirement.
Speak With a Superannuation Lawyer in Maroochydore
Disclaimer: This page provides general information only and does not constitute legal advice. Every situation is unique. Please seek legal advice from a qualified legal representative regarding your specific circumstances.