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(+61 2) 9283 3344

Frequently Asked Questions

Am I able to claim on my ex-partner’s superannuation or can he/she claim on my superannuation?

Yes, superannuation is treated as property under the Family Law Act 1975. It differs from other types of property because it is held in a trust.  Superannuation splitting laws allow superannuation to be divided when a relationship breaks down.  The orders are made to the Trustee of the super fund.  Orders can be by consent if the parties agree, or at the request of either party the court can include super splitting as part of a property order. The superannuation splitting laws apply to couples who were married or certain de facto relationships and couples who haven’t settled their property arrangements.

Splitting does not convert the superannuation into a cash asset – it is still paid out according to superannuation laws (for example, it is usually retained until retirement ages are reached).  You must get legal advice about the payment splitting agreement or it won’t be binding on the trustee of the superannuation fund.

A valuation of the super can be obtained by sending a Form 6 to the trustee, which establishes that you are entitled to the information, and a Superannuation Information Request Form.

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FAQ Property + Financial

Can superannuation be split?
What can I do if I suspect my partner is hiding assets from the court?
What special considerations apply in Family Law proceedings of high net worth individuals?
Am I able to claim on my ex-partner’s superannuation or can he/she claim on my superannuation?

Have another question?

Please contact us as we are happy to answer any questions you may have

Have another question?

Please contact us as we are happy to answer any questions you may have

Have another question?

Please contact us as we are happy to answer any questions you may have


Contact Us

John R Quinn & Co. Family Lawyers
Level 12, 60 Park Street
Sydney NSW 2000

The closest train stations are Town Hall, taking the Park Street exit, or St James Station, taking the Elizabeth Street exit. John R Quinn & Co. is on the corner of Park and Elizabeth.

Best parking is in the Domain parking station. Take the moving footway and cross Hyde Park to reach our offices.

Phone
(+61 2) 9283 3344
Email
mail@quinnlawyers.com.au
Fax
9283 3366

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