Most people don’t immediately think about superannuation when they consider assets, so it important to know that you can divide superannuation in much the same way as you can divide property or other finances following separation.
Overlooking superannuation or failing to understand it’s true value in the division of assets can lead to an unjust result. We have the knowledge and experience to incorporate superannuation effectively into any property settlement to ensure that your interests are properly considered. It is just one more way that we can assist you to towards your future.
Considering superannuation can be particularly important where one party has been out of the workforce for some time or a party is entitled to generous benefits under a particular scheme. Knowing and understanding the value of future superannuation or pension fund entitlements can also assist us in negotiating a property settlement that meets your desired outcome in the short term. We tailor our advice to the individual circumstances of each matter and each superannuation fund or pension fund with your future in mind.
To split the superannuation pool you will need a court order. We can assist you to obtain a superannuation splitting order either by consent or by a contested hearing at court. Like property adjustments, there is no presumption that superannuation should be split equally. We can advise you how superannuation can be used effectively in property settlements to achieve an outcome that you desire.
Contact us to speak to an experienced family lawyer about your individual circumstances.