Superannuation Splitting

In family law, superannuation is regarded not merely as an asset but as a distinct type of property. This recognition is crucial in property settlement proceedings, where superannuation can be split between parties either by mutual consent or by Court order.

What is Superannuation Splitting?

Superannuation splitting involves the division of one party’s superannuation interests in favour of the other party. It’s important to note that this process does not convert superannuation into cash, and the recipient must generally wait until retirement age to access the benefits.

Since 10 June 2025, the Family Law Act explicitly includes superannuation as part of a broader and more structured assessment of each party’s financial circumstances, including current and future needs, housing, income, and care responsibilities.

The Role of Superannuation Trustees

When a superannuation split is ordered, the trustee of the superannuation fund must be notified before the split can be executed. This is to ensure procedural fairness and allow the trustee to prepare for any necessary actions to implement the split. If the value of the superannuation is unclear, the trustee may need to provide detailed information, which sometimes incurs a fee.

How to Split Superannuation

Value the Superannuation

Start by ascertaining the value of the superannuation interest. This may require submitting specific forms, such as a Form 6 Declaration and a Superannuation Information Request to the fund’s trustee. Valuing some superannuation interests might be complex and require expert assistance.

Decide on the Splitting Method

By Consent: If both parties agree, they can file an Application for Consent Orders at the Court, which may approve the orders without a hearing if the paperwork is correctly prepared.

By Court Proceedings: If an agreement isn’t feasible, the matter may need to go to trial, where the Court will decide.

Implement the Orders

After obtaining the sealed Court orders, these should be provided to the superannuation fund’s trustee, who will execute the split accordingly.

Increased Transparency with Superannuation in Family Law

Since 1 April 2022, transparency regarding superannuation in family law property settlements has greatly improved. Under the current rules, parties or their legal representatives can request superannuation details about the other party directly from the Australian Taxation Office (ATO). This process is available for married and de facto couples, providing greater clarity and reducing the possibility of asset concealment in property settlement proceedings.

As of 10 June 2025, the Family Law Act now includes a legislated duty to provide full and frank disclosure of all property, including superannuation interests. This elevates the importance of transparency and reinforces the consequences of failing to disclose relevant financial information.

Requesting Superannuation Information

To request this information, one must use the approved Superannuation Information Request form available online. A successful request will result in the ATO providing details about the other party’s superannuation, which can be used for the settlement proceedings.

Why This Matters

Superannuation often represents a substantial asset in property settlements. Traditionally, disparities in superannuation balances between genders, often due to career breaks for childcare, make this transparency critical.

Following the 2025 reforms, Courts must also consider whether family violence, including economic abuse, has impacted a party’s ability to contribute to the accumulation of superannuation. This ensures that vulnerable parties are not disadvantaged in property settlements.

It ensures that all parties have a fair opportunity to claim their rightful share of superannuation assets, preventing under-disclosure or concealment of funds. These changes and procedures ensure that superannuation splitting is handled with fairness and transparency, reflecting the asset’s importance in providing security during retirement.

Contact Us

For more information about superannuation splitting, contact us at Bambrick Legal today. We offer a free, no-obligation 30-min consultation for all enquiries.