Splitting of Superannuation

• Married couples are able to apply to have their interests in superannuation funds split and to transfer an amount of their superannuation fund interest from one to the other, in order to reach an amicable property settlement;
• This does not apply to de-facto relationships;
• There is a special process to be followed to obtain permission from the super fund trustees and to include additional orders in an application for consent orders in order to achieve a splitting of superannuation interests;
• The starting point is to request the relevant information from your superannuation fund. The family court web site provides useful information on how to obtain the relevant information and the balances of your interests in any superannuation funds, see (http://www.familycourt.wa.gov.au/K/kits.aspx#Superannuation-Kit);
• As only lawyers can give legal advice on the percentage split of superannuation, we work closely with family lawyers who can provide independent legal advice to the parties;