Family Law

Relationships and Super

The law allows either party to a marriage or de facto relationship (whether same sex or opposite sex) to ask the trustee to provide certain prescribed information regarding the member's superannuation interest in the Fund. This is to give the couple enough information to work out the overall value of the superannuation interest.

The request must be:

  • Made by a party to either a marriage or de facto couple (whether same sex or opposite sex);
  • Made on a prescribed form; and
  • Be accompanied by a declaration that the request is to assist the applicant in relation to Family Court proceedings.

It is not possible for a party to the marriage to make a request outside the context of divorce or separation.

If the request comes from the non-member spouse, the trustee must not:

  • Inform the fund member that the request has been received; or
  • Provide the non-member spouse with the fund member's address.

You should seek legal advice to obtain more information about how family law legislation can affect your superannuation benefit in the event of divorce.

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