Hillwest Legal assists clients across the Hills District and Greater Western Sydney with superannuation splitting through consent orders. When you're dividing assets after separation, superannuation is often one of the largest items in the pool. A superannuation splitting order made as part of your property consent orders directs the super fund trustee to transfer a specified amount or percentage from one party's superannuation to the other party's fund.
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How superannuation splitting works through consent orders
- Request super information. We obtain information from the relevant super fund(s) using the prescribed form under the Family Law Act 1975 (Cth). The fund must respond with the balance and other details needed for the split.
- Agree on the split. Based on disclosed balances, the parties agree on how super will be divided as a base amount, a percentage, or a combination.
- Include the splitting order in the consent orders. The proposed consent orders include a specific superannuation splitting order that complies with the Family Law (Superannuation) Regulations 2001.
- Procedural fairness to the fund. Before the court can make the order, the super fund trustee must be given an opportunity to comment. We serve the proposed orders on the fund as required.
- Court makes the orders. The court reviews and makes the consent orders, including the super splitting order.
- The fund implements the split. Once the sealed orders are served on the fund trustee, the fund processes the split transferring the specified amount to the receiving party's nominated super fund. This typically takes 4 to 8 weeks.
When you might need super splitting through consent orders
Super is a significant asset. For many couples, superannuation is the second-largest asset after the family home. A just and equitable property settlement must account for it.
There's a large imbalance. Where one party has substantially more super often because the other party was the primary carer or worked part-time a split can rebalance the overall settlement.
You're already applying for property consent orders. Superannuation splitting is most commonly included as part of a broader property consent order application.
You prefer court-approved enforceability. Consent orders carry the force of a court order. Super splitting can also be done through a BFA, but consent orders provide stronger enforceability.
Super splitting fees
Superannuation splitting adds procedural steps to the consent order application information requests, the splitting order itself, and service on the fund trustee. Fees are quoted as part of the overall property consent orders. We provide a clear estimate after the initial consultation.
Frequently asked questions about superannuation splitting
Related services
- Property consent orders The broader property settlement.
- Superannuation splitting (BFA) Private agreement alternative.
- Parenting consent orders Deal with parenting at the same time.
- Separation agreements BFA alternative to consent orders.
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.