The Commonwealth Attorney- General’s media release of 24 October 2018 states that the legislation will be introduced in 2019 (with super splitting to occur in 2020) which allows de facto couples in Western Australia to “split” their partners superannuation as part of their property settlement. We will keep you posted as these proposed law changes for de facto couples and their superannuation comes into place, likely later this year.
Under current family law in Western Australia:
– Only married parties are able to split their superannuation interests as part of their property settlement;
– Superannuation for de facto parties is taken into account as a financial resource, but their cannot be splitting orders. An adjustment may be made to allow for a de facto party’s superannuation interests, but this is limited by what other assets the parties may or may not have for division in their property settlement.
If you are in a de facto relationship, or contemplating separation, you need to know your rights in relation to superannuation. The law regarding superannuation, valuation of the same and approved consent orders can be complex – be sure to get expert advice in relation to your family law affairs from Holden Barlow Family Lawyers Perth.
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