Publications
Superannuation
The Role of Superannuation in Family Law Property Settlements
First published 21 July 2021, updated 27 November 2025. Introduction Superannuation splitting is an important aspect of family law property settlements under the Family Law Act 1975 (Cth) (FLA). This paper looks at some of the technical aspects of superannuation splitting so as to ensure that a superannuation split contained...
Divorce & Superannuation: Super Splits In Family Law Proceedings
Dividing assets can be one of the most complex processes in a divorce or separation. In Australia, superannuation is considered a financial asset and must be included in property settlements. Understanding how superannuation splitting works is vital to ensuring fair outcomes for both parties. Below, we explore the basics...
Super-Size Me: Superannuation Splitting and Family Law
First published 10 March 2023, updated 27 November 2025 Introduction Most property settlements under the Family Law Act 1975 (Cth) (FLA) involve a consideration of superannuation. Even the smallest property pools will usually include some superannuation. On 1 July 2025 the Superannuation Guarantee (SG) contributions increased...
Superannuation Splitting Agreements and Orders
Introduction The Family Law Legislation Amendment (Superannuation) Act 2001 (“the FL Superannuation Act”) and associated regulations started on 28 December 2002. This paper looks at the practicalities of drafting orders and superannuation agreements, not valuation of superannuation interests and what percentage split should...
Property—the latest on contributions and superannuation
The assessment of contributions to property is a fraught area. Clients often want to argue that their contributions should be given more weight. This is particularly problematic when dealing with initial contributions, post-separation contributions, windfall such as inheritance and Tattslotto wins. This paper gives some...
Superannuation splitting scheme: assessing contributions and s 75(2) factors
Introduction The ability to split superannuation as part of adjusting property interests between the parties at the end of a de facto relationship or marriage offers opportunities and challenges to family lawyers and clients. This paper first gives a general overview of the superannuation splitting scheme and then looks at...