You can settle an agreement about a superannuation split by the following ways:

• a formal written agreement requires that both you and your partner instruct a lawyer, who must sign a certificate, stating that independent legal advice about the agreement has been given.
• Seek Consent Orders to split superannuation
• If you cannot reach an agreement with your former partner, seek a court order to split superannuation.

The Court may make any decision it thinks is reasonable when splitting superannuation. Some of the orders that they might make include:

• One spouse’s settlement may feature a portion of their partner’s superannuation.
• If one spouse has a substantial amount of super while their partner has none, the court may decide to split the fund 50/50. Super can be split in any percentage.
• One spouse may receive a greater portion of superannuation and less of a share in other assets. For example, the family home may be awarded to one partner, while the other receives more superannuation.

Splitting your superannuation allows for greater flexibility when structuring a property settlement. If you’re worried that the law may put you at a disadvantage, remember that the court treats each case individually. The unique circumstances of your separation (and the rules of your superannuation fund) will be taken into consideration, ensuring a reasonable outcome.

Q. Can any kind of superannuation not be split by a court order

A. Yes. The law states that some superannuation interests are ‘unsplittable’. For example, if your super fund contains less than $5000, it cannot be split. There are a number of other circumstances, depending on the superannuation policy, where superannuation may be deemed “unsplittable”.

Q. Do I have to have my superannuation valued before it can be split?

A. You are not required by law to do so but, practically, you need to do so to ensure that the split is fair. 

Q. What if I want to delay making a decision on how to split my  superannuation?

A. If you need to defer your decision for some reason, you can make a flagging agreement. This prevents the fund’s trustee from taking any kind of payment away from the fund until the flag is lifted.

Q. What if I can’t reach an agreement with my former partner on the value of our superannuation?

A. The court will decide on the value of your superannuation if you can’t reach an agreement with your former partner.

Check out some of our recent legal updates and property resources that you might find useful on this Family Law Resources link. Please remember that these updates and resources are general guidance only.

The information on this page and the resources links is intended as guidance only. You should seek specific legal advice to ensure that you are properly protected and acting the appropriate way. 

During family law legal matters, many issues come up that require the support of experienced social support works and other professionals. Here are some links to support resources that may help you (please ensure that you make yourself familiar with any confidentiality rules or seek advice from us).

Financial counselling & guidance links:

• ASIC Moneysmart – financial guidance in the event of divorce or separation
• ASIC Moneysmart – Divorce and Separation financial checklist
• ASIC Moneysmart – Budgetplanner
• Penda app – A free app for women experiencing financial abuse
• Family Relationships Online – Government information and advice
• Relationships Australia – Community-based, not-for-profit relationship support service
• Department of Human Services: Child support – Government support for separated parents
• Family Law Courts: Separation and Divorce

Relationship support:

• Queensland Government relationship help and marriage counselling, support and advice links
• Queensland Government domestic and family violence counselling, support and advice links
• Beyond Blue – advice for new parents links
• Queensland Government – how to help people who have a drug problem

Our experienced lawyers know that you need:

• someone who understands the emotions and attitudes of the people involved in your situation;
• your concerns; especially around financial security, child custody, personal safety and so on;
• someone who will provide upfront information about pricing and legal costs (and keep you updated as the matter progresses);
• a lawyer who will provide practical, results-focused advice.

Our family lawyers know that family law clients are usually experiencing one of the most emotional times of their life – a fear of the unknown, concern over financial security, worry for future care of children, anxiety around personal safety and so on. Added to this, most people don’t know what their legal options are – especially when well-meaning friends or family offer advice that may or may not be correct. Our family lawyers see your whole matter and not just the court documents that need to be drafted.

Our lawyers cut through these issues and provide you with legal advice and a strategy based on decades of legal experience to give you the confidence to move forward with your life.

At your first appointment:

• you meet with an experienced lawyer;
• you are advised in frank terms about legal costs and estimates to the end of your matter;
• our lawyer listens to you and understands your matter;
• our lawyer gives you some basic advice about how we start and handle your matter going forward.