The law treats superannuation differently from other types of property. It allows separating couples to value their superannuation and divide payments if they choose to do so. However, it is important to note that splitting superannuation doesn't turn it into cash. It still follows superannuation laws, typically remaining untouched until retirement.

If you and your spouse wish to adjust your superannuation interests, you can do so through a process called "splitting." This adjustment should be part of formalising your financial arrangements, either through agreement or court application. However, it is not mandatory to split superannuation interests.

When it comes to superannuation splitting orders, the trustee of the relevant superannuation fund must be informed before any orders are made. This is a matter of procedural fairness, ensuring that all parties involved have the opportunity to be heard by the court.

While it is not required to have a lawyer when dealing with consent orders or court applications, it is highly advisable to seek legal advice. Family law can be intricate, and having a clear understanding of your rights and responsibilities can be invaluable. Our experienced team is here to help you navigate through the complexities of family law. Book a 1-hour consultation with us to get started.