Splitting superannuation divorce agreement

Our Australian family law specialists have drafted this agreement specifically for couple who have divorced but still need to deal with splitting superannuation.

It includes all of the normal provisions or clauses you will find in our 90D binding financial agreement with the addition of clauses for splitting superannuation interests. These extra provisions contain detailed instructions for the super fund trustee, so they know how the couple wish to divide their superannuation entitlements.

If this sounds like the financial agreement you’re looking for, read on…

Superannuation is special kind of asset which falls under superannuation laws like the SIS Act (Superannuation Industry Supervision Act). Payments made from one party to the other must be retained in an “approved deposit fund” until retirement age and as such are not available as cash.

You may have one or more funds you wish to split, but generally people will only split one fund, as it can get somewhat complicated and expensive if you are trying to coordinate more than one fund and trustee.

Our lawyers drafted this document to make dealing with the superannuation splitting component of your agreement as painless as possible.

You can express how you wish to divide the funds, either as a percentage (eg. 60%/40%) or a nominated sum (eg. $20,000).

Its worthwhile noting that any amount transferred will be rolled over to the other party’s super fund.

We make drafting your divorce agreement easy.

The kit includes:

an easy-to-follow user’s guide;
sample agreement including sample clauses to assist you in drafting your own professional agreement;
the 90D binding financial agreement with provisions for splitting superannuation;
access to our fixed price Document Review Service;
plus bonus legal will kit.

Choose from industry or SMSF Fund – Just $197

Buy Divorce Financial Agreement inc Super Split 90D – Instant Download

Buy Divorce Separation Financial Agreement inc SMSF Super Split 90D – Instant Download

Need help?

If you are splitting superannuation entitlements and need a few pointers, please feel free to call us on 1800 608 088.

This Video explains how our system works

There’s an important additional step that applies to superannuation splits. Before the Legal Advice stage can begin, your draft agreement needs to go to your super fund for approval. Super funds are required to respond within 28 days, though the overall process can take longer depending on the fund. We’ve worked with most of the major funds over the years, so we’re familiar with how they like agreements to be set out – which helps avoid unnecessary delays.

Once your super fund has approved the draft, you move to the Legal Advice stage.

Why do you need to get Legal Advice

For a Financial Agreement to be legally binding under Australian law, both parties must receive independent legal advice from separate lawyers. This is not a loophole or a formality. It’s the legal requirement that makes the agreement enforceable. Without it, the agreement can be set aside by a court.

Our fixed-price Legal Review Service connects each of you with an independent family law solicitor from our carefully selected panel. Each solicitor reviews your completed agreement with you separately, by phone or Zoom – no office visit required. Once each of you has received that advice, your solicitor issues a Certificate of Independent Legal Advice. Both certificates together make your agreement legally binding.

The combined kit and Legal Review Service covers both of you (in the vast majority of cases) for a fixed price of $3,447 – a fraction of what you’d pay engaging two separate law firms from scratch.