Family Law

When a relationship ends, determining the make-up of the matrimonial pool is a critical step in dividing the assets. One significant asset that requires careful consideration is superannuation. There are a number variables that can affect how superannuation is accessed and divided including:

• The individual’s age
• The individual’s ability to make further contributions to their superannuation
• The individual’s ability to access their superannuation benefits
• The overall amount already within superannuation between the two parties

There are also practical considerations of matrimonial proceedings that are specific to Self-Managed Superannuation Funds:

• The future trustee and membership of the Fund
• If an SMSF is still appropriate for the remaining spouse
• The way the Orders are drafted
• The treatment of the investments
• How the superannuation benefits of the non-member spouse are to be transferred to the other superannuation fund