We recommend obtaining legal advice from an experienced Family Lawyer that specifically addresses your situation.
Navigating Superannuation Splitting Orders can be complicated even if you are familiar with family law. Superannuation is often a significant amount and should always be carefully considered. It is always worth speaking with an experienced family lawyer to obtain advice about this.
When orders – even when consent orders – are drafted, they must be worded carefully and correctly and refer to specific sections of the Family Law Act. The Trustee of the superannuation fund must be given notice about the order, before it is made into an order, or becomes part of a Binding Financial Agreement. The Trustee of the superannuation fund cannot transfer superannuation if they receive only an informal agreement.
Receiving a superannuation splitting order can make all the difference in securing your future. It is important that you receive independent legal advice as soon as possible after separation, to ensure your interests are protected.