Posted on: June 11, 2020 Posted by: Zak Clarke Comments: 0

When two people decide to end their relationship, they have to come to an agreement over the division of their joint assets, which would likely include things like real estate, cars, furniture and domestic appliances. It is possible, however, for one party’s superannuation to be included in the agreement, regardless of whether you were married or in a de-facto relationship, and if you would like to offer your ex-partner a portion of your superannuation as part of asset division, you should seek the help of an experienced family lawyer.

Legally Binding Agreement

One way to include superannuation in the asset division is for both parties to sit down and come to an amicable agreement. This might be an amount of money, e.g. A total of $75,000, or it could be in the form of a percentage e.g. 50%, whichever the parties prefer, and when an agreement is reached, both parties’ lawyers must sign to state that their clients fully understand the content of the agreement. Of course, it is not always possible to reach an agreement, and in such a case, you can apply to the family court for a superannuation consent order. Actually, superannuation consent orders by a family court are a common occurrence, as many couples prefer to use superannuation as part of the joint asset division.

Seeking a Superannuation Split Court Consent Order

If you would like to seek a court consent order to have superannuation included in property settlement, you will need to enlist the services of an experienced family lawyer, and a Google search will help you locate a local law firm. Of course, you should discuss your separation with your ex-partner and hopefully you both are in agreement in how the superannuation will be divided.

Value of the Superannuation

It is important to know the value of your superannuation, and most funds have an online portal, where you can find out the value of your fund. If that is not possible, you could approach a family lawyer who can assist you in submitting the correct forms to find out the value of your superannuation.

If you and your ex-partner have reached an agreement regarding the superannuation split, your family lawyer can apply for a consent order and a minute of order, and this is not something that either you or your ex-partner need to attend.

Talk to an experienced family lawyer if you have any queries about superannuation consent orders, as they can assist you in many ways.

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