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Family Law & Super

Dealing with a relationship breakdown is difficult enough without having to sort out all your financial arrangements too.  We have staff dedicated to dealing with Family Law issues who can help guide you through superannuation splitting.

Since December 2002 (for marriage) and March 2009 (for de facto relationships) superannuation can be split in the same way as any asset under the property split provisions stated in the Family Law Act 1975.

Splitting superannuation entitlements

The splitting of superannuation entitlements can only occur via a valid financial agreement between spouses (with legal representation) or by a valid Court order.

For general information on the application process and the implementation of splitting agreements/Court orders please refer to the Family Law Information Sheet below.

The Guide for Family Law Court Orders and the Guide for Family Law Splitting Agreements (listed below) provide the Trustee’s preferred wording where applicable.

Information on family law

In certain circumstances, eligible people may make an Application for Information in regards to a member’s superannuation entitlements. This can be achieved by completing the application form below and sending it into ESSSuper accompanied by any additional information required and the applicable fee.

If you require further information about family law matters please call us and ask to speak a Family Law Administrator:

 Telephone Emergency services members - 1300 650 161
State super members - 1300 655 476

Download file Family Law Information Sheet
Application for Information / Form 6 Declaration

Emergency services members
Download file A Guide for Family Law Court Orders
A Guide for Family Law Splitting Agreements 

State super members 

Download file A Guide for Family Law Court Orders
A Guide for Family Law Splitting Agreements

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