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Superannuation Agreement

For Australian families Superannuation (which is compulsory for most individuals) is a important part of long term wealth planning.

The Family Law Act 1975 makes provision for the splitting of superannuation assets between all separating couples. It makes no difference if you are a married couple or in a defacto relationship (hetero or same-sex), you can still divide your superannuation just like any other asset. 

There are three ways to divide superannuation

  • By Superannuation Agreement,
  • By Court Orders,
  • By Consent Orders.

What is a Superannuation Agreement?

It is a written agreement, which complies with Part VIII B of the Family Law Act 1975 specifically dealing with the payment splitting or dividing of a superannuation interest.

This type of document is usually used after the relationship has finished but it can be used at any stage (before or during) to flag an interest in the assets.

Superannuation Agreement were introduced so that couples can have an alternate way of dividing their super assets without the need to make application to the Family Court.

If the couple cannot come to an amicable arrangement about their Super, then the Court has the power to make the decision for them.

Important note: The Family Law Act stipulates that this type of agreement is binding only when

  • it is signed by each party and
  • it includes a certificate stating that each party has obtained independent legal advice before signing the agreement.

For more information on obtaining the required legal advice at a fixed Low Rate please see our Doc Review Service

Reaching an amiable arrangement regarding your Super Assets is advantageous because:-

  • you stay in control of the process by making your own decisions and choices as to how your super should be split,
  • you can bypass adversarial style court proceedings which can be drawn out and costly.

Professionally Drafted - Available Immediately

The Kit includes:

  • The Superannuation Agreement (provided to you as an easy to edit MS Word Document)
  • Plain English instruction guide and
  • Sample agreement
  • Friendly customer support
  • and Bonus Last Will and Testament

The agreement you need will depend on several factors

Are you married or divorced or exiting a defacto relationship?

Is your super held with an industry or retail superfund or do you control a Self Managed Superannuation Fund (SMSF).

What ever your needs we have an agreement template to suit your situation. If you can't see your document on the list below please call us on 0266725904 or e-mail us and we will provide a link to the agreement you need.

It's worthwhile noting that any amount transferred under a superannuation agreement will be treated in accordance with the normal rules that effect superannuation benefits. That is, you can’t take it as cash and go on a world trip unless you’ve already retired.

Click on the links below for the agreement that suits your purpose.

Purchase Information

Splitting

Married, Separated, not yet Divorced

After Divorce

Defacto Separation

Industry or Retail Fund $197 90C inc super split 90D inc super split 90UD inc super split
Self Managed Super Fund (SMSF) $247 90C inc SMSF split 90D inc SMSF split 90UD inc SMSF split
(please call us)
 

Sample Document Excerpt - click to enlarge

Click Through for Enlarged Document Sample

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