Family Law: How to split Superannuation in a Family Law property settlement

So, you and your former partner have reached an agreement about your family law property settlement. Part of the agreement is that you receive some of your former partner’s superannuation. But…how do you go about executing this?

 This blog post looks at how to split a superannuation entitlement in a family law property settlement.

 First of all, you need to have your consent orders sealed by the court. That is, your agreement regarding the family law property settlement needs to be written and signed. This signed document needs to be served on the super fund to give them notice of how you and your partner intend to split the superannuation assets.

 Once you have confirmation from the super fund that they have received your intended consent orders and that, pending the documents being sealed by the Courts, they are happy to split the super, you may file your Consent Orders in Court.

 Once the Consent Orders are received back from the Court, you must serve a copy of the sealed Consent Orders on the Super fund and complete any forms that may be required by the super fund to transfer the superannuation monies into your super account. Usually, the party receiving the money contacts the other party’s superfund to execute the split.

 If you have a family law matter, concerns about how to get a family law property settlement or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

 This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.

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