Superannuation Splitting Agreement, Separation and Family Law

For many Australian’s, superannuation represents quite a significant asset. As such, it needs to be considered as part of the property pool during a marital or de facto separation.

Part VIIIB of the Family Law Act allows couples to split their superannuation as part of the property restructuring process following separation, meaning super can be divided between separating couples just like any other asset. This applies to married couples as well as de facto couples, including same-sex couples.

In order to effect a super split, the trustee of a superannuation fund is empowered to act on the following documents, which detail the split:-

a formal binding Financial Agreement or Superannuation Agreement (S.A.);
Court Orders.

Using a Superannuation Agreement to split super

A Superannuation Agreement is an agreement made in accordance with Part VIIIB of the Family Law Act to flag or split a superannuation interest.

Your superannuation agreement must form part of a Part VIII A financial Agreement, (sect 90MH and 90MHA). In other words – the super agreement is a collection of provisions that are contained within a standard Financial agreement.

What’s the difference between a standard Financial Agreement and a Superannuation Agreement?

Difference between financial agreement and superannuation agreement

By using this Superannuation document, the parties agree to release their rights to apply to the court for a share of the other partner’s superannuation, in lieu of the splitting arrangements they have formalised in their Agreement.

Just like a normal Binding financial agreement, your superannuation agreement will only be binding if both partners receive independent legal advice, before signing the Agreement about:-

The effect that the Agreement will have on their rights;
Any advantages or disadvantages in signing the Agreement.

See more information about the legal review process and our set price service – only $ covers both parties in most cases.

Download Superannuation Agreement Kit $

The advantages of using a Superannuation Agreement

Splitting superannuation as part of your financial agreement has many benefits. It means that you stay in control of the process by making your own decisions and choices as to how your super should be split.

By making a private binding Agreement, you bypass adversarial style court proceedings which can be drawn out and costly.

If a private agreement cannot be reached about whether, or how, superannuation should be split, then it may be necessary to apply to the Court for a Court Order.

Professionally Drafted Super Agreement – Immediate Download

This Superannuation Agreement Template is provided to you as a Word document. It’s easy to use – just insert your data in the appropriate fields and go to print. The kit includes:-

The Superannuation document
Comprehensive, plain English, instruction guide
Sample agreement
Friendly customer support
plus Bonus Last Will and Testament Kit.
Access to the Fixed Price Legal Advice

The agreement you need will depend on several factors

Are you married or divorced or exiting a defacto relationship?
Is your super held with an industry or retail super fund or do you control a Self Managed Superannuation Fund (SMSF)?

Whatever your needs, we have an agreement template to suit your situation. If you can’t see your document on the list below please call us on 0266725904 or e-mail us and we will provide a link to the agreement you need.

It’s worthwhile noting that any amount transferred under a superannuation agreement will be treated in accordance with the normal rules that affect superannuation benefits. That is, you can’t take it as cash and go on a world trip unless you’ve already retired.