There is no legal requirement that after separation superannuation must be split. This means that you can agree to any outcome that you want, so if you both don’t want to split your superannuation, you don’t have to. Phew!

Your agreement however, about how you divide your assets, debts and superannuation after separation must still be ‘just and equitable’, basically, your agreement needs to be fair. This is a legal requirement.

The information that you provide in your agreement documents (Financial Consent Orders) will need to include some background information about the agreement for the Registrar (the lawyer of the Court who reviews the agreement documents) to be satisfied that the outcome is ‘just and equitable’ (fair).

Even if you and your partner agree that you want to exclude particular things from being included as part of the agreement that you’ve reached (for example, the superannuation contributions made after separation, a house purchased post separation or post separation savings), you must still include the values and all items and liabilities

It can be a bit of a complicated exercise doing the Financial Consent Orders yourself and that’s where we come in and can help.

If you’ve reached an agreement with your partner about how you’re going to divide your finances, have an idea about what you’d like to propose to your partner in dividing your finances or, you’d simply like some advice about what the law says would be a fair outcome in your circumstances, get in contact with one of our lawyers today.

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