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Family law and superannuation

In the past, the Family Court has had considerable difficulties in dividing matrimonial property because of the lack of flexibility in the superannuation preservation rules.

The court previously dealt with the problem by either offsetting accrued superannuation benefits against other assets of the marriage, or by deferring property distribution until superannuation benefits are paid out.

Since the Family Law Legislation Amendment (Superannuation) Act 2001 was introduced, the superannuation interests of parties to a marriage can be split by agreement or court decision. See 'How is superannuation dealt with?'

Family law and superannuation  :  Last Revised: Fri Jul 25th 2014
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.