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Superannuation splitting financial agreement

Ok - our lawyers drafted the following agreement specifically for a married couple who have separated but are not yet divorced.

A Separation Agreement allows you to document how you will divide assets and liabilities.

A Separation Agreement allows you to document how you will divide assets and liabilities.

It includes all of the normal provisions or clauses you will find in our 90C binding financial agreement with the addition of  clauses that deal with the splitting of superannuation assets.  These extra clauses detail your instructions to the super fund trustee about how you wish to divide your superannuation entitlements.

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 therefore 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.

We’ve 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).  This amount will be transferred or rolled over to the other party’s super fund.  You’ll be glad to know it’s as simple as selecting one of the two document templates provided in this kit.

This easy to use kit includes

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

$197.00 inc. GSTAdd to cart

Superannuation splitting agreement sample

Helpful information

We recommend grabbing a copy of this Frequently Asked Questions  booklet  produced by the Attorney General’s Department.

The Family Law Court’s page on Superannuation splitting laws.

Family Law (Superannuation) Regulations.