The Commonwealth Government's Family Law amendments came into effect on 28 December 2002. The 'super splitting' laws enable superannuation interests to be treated the same way as property and assets, allowing it to be divided between separating spouses upon marriage breakdown. 

The Family Law amendments allow separating spouses to enter into binding agreements about the division of superannuation upon marriage breakdown, enabling separating spouses to settle their financial affairs in one agreement.

Where the parties are unable to agree, the Family Court will be given the power to divide a superannuation interest as part of a property settlement. Trustees of superannuation funds are required to comply with the requirements of an agreement or Court order.

Fact Sheets

Family Law and Superannuation (docx, 182kb)

Forms

Family Law Superannuation Interest Claim Form (docx, 155kb)

Family Law Superannuation Valuation Application Form (docx, 254kb)