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Oftentimes, an agreement for the division of property between spouses also involves the division of superannuation. This is because the significant assets in a marriage or a relationship are typically real property and superannuation.

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Superannuation can easily be overlooked when thinking about separation. Is my superannuation going to be included as part of the property pool and if so, how much will I get to keep versus having to pay to my partner/spouse? These questions can often be extremely daunting, so in this blog, we look at what happens to your Superannuation when you separate or divorce.

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For a long time, it was almost expected that after a separation, the parents would fight over who got “custody” of the children, but changes were made to the law in 2006 to promote the idea of “equal shared parental responsibility”. These changes were designed to give children the right to a meaningful relationship with both their parents and the ability to spend significant, if not equal amounts of time with both their parents. That was the theory and sadly it has left many fathers disappointed and disillusioned.