Hillwest Legal assists clients across the Hills District and Greater Western Sydney with superannuation splitting as part of a binding financial agreement (BFA). Superannuation is often one of the largest assets in a relationship particularly for couples in the Hills District where property values and retirement savings are significant. Splitting super through a BFA allows former partners to divide superannuation interests by private agreement, without going to court.
Enquire Online Now →
We generally respond within 2 business hours.
How superannuation splitting works through a BFA
- Obtain superannuation information. We request information from the relevant super fund(s) under the Family Law Act 1975 (Cth) to establish the value of each party's superannuation interests. This is done using a prescribed form that the fund is legally obligated to respond to.
- Agree on the split. Based on the disclosed balances, the parties agree on how super will be divided either as a base amount, a percentage, or a combination.
- Include a superannuation agreement in the BFA. The BFA must contain a specific "superannuation agreement" that complies with the Family Law (Superannuation) Regulations 2001. A general clause about super is not sufficient.
- Serve the agreement on the fund trustee. Once the BFA is executed, the superannuation agreement is served on the relevant super fund trustee(s) along with the required supporting documents.
- The fund implements the split. The trustee processes the split transferring the agreed amount or percentage from one party's account to the other party's nominated super fund. This typically takes 4 to 8 weeks after the documents are received.
When you might need superannuation splitting in a BFA
There's a significant imbalance in super balances. If one party has substantially more superannuation than the other common where one partner worked full-time while the other was the primary carer a split can address the imbalance.
Super is a major asset in the pool. For many couples, superannuation is second only to the family home in value. Ignoring it in a property settlement can produce an unfair outcome.
You want to avoid court. Superannuation can also be split through consent orders, but a BFA keeps the matter private and out of the court system.
You're already doing a BFA for other assets. If you're preparing a separation agreement that covers the family home and other assets, super splitting is usually included in the same agreement.
Superannuation splitting fees
Super splitting adds complexity to a BFA because of the procedural requirements the information request, the specific form of the superannuation agreement, and the service obligations on the fund trustee. Our fees for super splitting are quoted as part of the overall BFA. We provide a clear estimate after understanding the number of funds involved and the complexity of the split.
Frequently asked questions about superannuation splitting
Related services
- Superannuation splitting (consent orders) Court-approved alternative.
- Separation agreements The most common BFA that includes super splitting.
- Property consent orders If court approval is preferred.
- BFA drafting Full BFA preparation.
The information on this page is general in nature and does not constitute legal advice. For advice specific to your circumstances, please contact us directly.