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Amendments made to the Family Law Act in 2002 provides for superannuation entitlements of married couples to be considered as an asset of the relationship available for distribution.
The Court can make an Order splitting superannuation interests up to 100% of the entitlement of a member spouse to be paid to a non-member spouse. The Family Court can also make Orders to flag a superannuation interest rather than to immediately split it.
De Facto Relationships
De facto partners are not able to seek Orders to flag or split their superannuation entitlements in Western Australia. These options are only available to parties who were legally married.
The Family Court is still required to consider the superannuation entitlement of both parties in a de facto relationship when considering an Application for Property Orders.
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We have 5 conveniently located offices in Perth, Jindalee, Joondalup, South Lake and Rockingham to deal with your case. You do not need to come into town to see us! We are in your local area for your convenience!
We have a dedicated team of family lawyers in Perth, including Joondalup family lawyers, who love their involvement in law and providing good quality legal services at a competitive price to members of the public of Western Australia, which we have been doing since 1989.