02 August 2019
Property settlement – Consent orders for superannuation split
I act for a de facto partner. By consent, the couple wish to resolve their financial separation by way of a single order under which she will pay an amount from her superannuation account to his superannuation account. There is insufficient free cash for the settlement otherwise and no desire to sell a property.
What wording should the consent order include?
Thank you for the question.
The By Lawyers Family Law – Property Settlement Guide includes appropriate precedent orders for superannuation splitting. Whether it is a defined benefit or an accumulation fund does not matter; what matters is whether it is a monetary split or a percentage split.
Mentor suggests the key points to cover in monetary split orders include:
Regards
Mentor
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