The Family Court has the power to make orders to adjust the superannuation interests of married couples.

In December 2002 the Family Law Superannuation (Regulations) Act 2001 and associated regulations commenced operation. This Act enables couples to transfer superannuation interests held by one spouse to the other spouse’s superannuation fund, therefore “splitting” the interest held by one spouse. 

Sometimes it is not possible to ‘transfer’ entitlements, These entitlements can be "flagged" until it is possible to provide them to the other spouse depending on the superannuation fund’s own regulations.

Some couples who separated and obtained splitting orders before December 2002, cannot implement those orders due to deficiencies with the drafting of the orders. We can assist you to resolve this diffuculty.

We can also advise you about what proportion of superannuation you may wish to seek from your spouse in the context of your property settlement and how those orders should be drafted.

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For more information, get in touch with our team of lawyers at Dwyer Durack today.