Family Law Advisors

Superannuation Splitting

Splitting superannuation is often part of an already-agreed property settlement. Here's how a super split agreement works, and how we help you get it formalised properly.

You've agreed how to split your super along with the rest of your property - now it needs to be put into a proper agreement or court order so it can actually be actioned by the fund. That's what this page, and this service, are about.

What is superannuation splitting?

Superannuation is one of the assets a property settlement covers, but it's dealt with separately from your house, savings or other property, under its own rules. Rather than being paid out as cash, a super split adjusts how much each of you holds in super - it stays in the super system, subject to the usual preservation rules, until you're eligible to access it.

How to split super after divorce

Whether you're already divorced or still going through the process, splitting super works the same way: you need a formal superannuation agreement or a court order, prepared properly and served on the fund trustee before it can be actioned. Want the bigger picture on how this fits with the rest of your property? See our property settlement page, or read about consent orders if you're formalising your whole agreement through the court.

How this works

The detail comes later, once your documents are actually being prepared.

1

Tell us what's agreed

A couple of lines about how you and your ex-partner have agreed to split your super is enough to start.

2

We prepare your super split documents

At a fixed price, confirmed upfront, prepared to reflect what you've agreed.

3

A family lawyer reviews, then it's formalised

An independent family lawyer in our network checks everything before it goes ahead.

Scope

This service covers super splitting for straightforward superannuation interests as part of an already-agreed property settlement. Self-managed super funds, defined benefit funds and other complex structures often need their own valuation and specialist advice - if that's your situation, we'll say so honestly and point you to a family lawyer who handles matters of that kind.

Questions about superannuation splitting

How does super splitting work as part of a property settlement?
Superannuation is treated as property under Australian family law, but it's split separately from your other assets, using its own rules. A super split doesn't hand over cash straight away - it changes how much each of you holds in super, either by creating a new interest for one party or adjusting the existing balances, following a formal agreement or court order.
Do we need a formal agreement to split super, or can we just agree privately?
A private understanding between you and your ex-partner isn't enough on its own - splitting superannuation requires a formal superannuation agreement or court order, and the trustee of the fund needs to be given proper notice before it can be actioned. That formal step is exactly what this service prepares for you.
How is a super split valued?
Super funds can be straightforward or genuinely complex to value, depending on the type of fund and the benefits involved. Simple funds are usually easy to work with; self-managed super funds or defined benefit funds often need their own valuation and specialist advice, which is outside what this service covers - we'll tell you honestly if that's the case for your situation.

Get in touch

Send us your details

Fixed price. Lawyer-reviewed. No drama you don't need.

Tell us what you've agreed on your super split and we'll get it prepared and reviewed properly.

  • Fixed price
  • Lawyer-reviewed
  • No obligation to proceed