Superannuation Splitting
Superannuation can be one of the largest assets in a relationship. After separation, it can be divided between partners as part of a property settlement. While superannuation is treated differently to other assets, the law allows it to be split or transferred so that both parties receive a fair share.
At Wallen Family Law, we provide clear advice on superannuation splitting, from straightforward funds to more complex cases involving self-managed superannuation funds (SMSFs). Our goal is to ensure your settlement is fair, legally sound, and secure for the future.
We also offer fixed fee options for drafting superannuation splitting orders and provide transparent costs for more complex matters, giving you certainty about legal fees.
How We Can Help
We provide advice and representation in all superannuation matters, including:
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Superannuation can be divided through consent orders approved by the Court, or through a binding financial agreement. We guide you through the legal requirements and ensure your settlement is properly documented.
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Superannuation funds often provide valuations using prescribed methods.
In some cases, independent actuarial valuations may be needed — particularly for defined benefit schemes or SMSFs. We ensure all funds are correctly valued before any split is agreed.
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Superannuation splits must be worded carefully to be accepted by the Court and by the fund. We draft precise orders that comply with legal requirements and protect against future disputes.
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We handle matters involving multiple funds, defined benefit schemes, military or government superannuation, and self-managed super funds. With our combined family and commercial law expertise, we manage the technicalities with confidence.
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We assist you in negotiations and mediation to ensure superannuation is divided fairly, taking into account the whole asset pool, contributions, and future needs. If court proceedings are necessary, we represent you with strength and clarity.
Common Questions about Superannuation
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No. Like other property, superannuation is divided based on contributions, future needs, and what is fair — not on automatic percentages.
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Yes. Superannuation can only be split through consent orders or a binding financial agreement — informal agreements are not legally binding.
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Generally, no. The superannuation remains subject to preservation rules — you can only access it when you meet a condition of release (such as retirement).
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Full financial disclosure is required by law. We can take steps to obtain superannuation information directly from funds if necessary.
Next Steps
If superannuation is part of your property settlement, it’s important to get advice early. We provide practical guidance, fixed fee options for drafting orders, and strong representation if disputes arise.