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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.
Family lawyer Richard Crane answers one of the most common questions about superannuation cases in the short video below. Click play to watch.
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