Superannuation Division

Superannuation is often a significant asset in family law matters and is treated differently from other forms of property. While superannuation is not immediately accessible, it can be divided between parties as part of a property settlement in accordance with specific legal rules.

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Crownmark Lawyers provides advice on superannuation splitting, assisting clients to understand how superannuation interests are identified, valued, and divided following separation. Our approach is structured and practical, recognising the long-term financial implications these decisions can have.

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Superannuation splitting may involve accumulation funds, defined benefit interests, or self-managed superannuation funds. Each type of interest carries different considerations, and strict procedural requirements apply. We advise clients on how these requirements operate in practice and on the options available for formalising a superannuation split.

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Where agreement is reached, we assist with documenting and implementing superannuation splits through consent orders or financial agreements. Where disputes arise, we provide clear advice on procedural options and risks. In suitable matters, advice may be offered on an agreed, fixed-fee basis through Crownmark Assured Pricing (CAP) to provide clarity around scope and costs.

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Our services include:

• Advice on superannuation splitting options

• Identification and valuation of superannuation interests

• Guidance on different fund types and requirements

• Preparation and review of consent orders and agreements

• Advice on procedural compliance and implementation