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.
The Trustee of the Superannuation Fund has certain requirements as does the Family Court when attempting to affect such a split.
An effective split can be achieved via a Binding Financial Agreement, Consent or Court Orders.
If your superannuation is to be split, a valuation should be obtained through your superfund, whether it is Q Super, Macquarie, SunSuper or an Industry Super Fund. Most superfunds charge a fee for this information.
Along with providing a fee if required, you or your spouse (including a de-facto spouse) are required to lodge an SIF Form 6 to the Superfund which A.L.F Lawyers can assist with.
Most people are not aware that your spouse is entitled to request information on your superannuation without your knowledge or consent. However, both parties have a duty to disclose this information as superannuation is considered a potential matrimonial asset.
A.L.F. Lawyers understands the process involved and will assist in the preparation of any documentation involved.
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