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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I would like to know the laws that govern superannuation and

Resolved Question:

I would like to know the laws that govern superannuation and divorce. I have been a stay at home mum for ten years, only working part time if any, so my super controbution is small. My husband's has been the main worker and has a very large super. I am entitled to any of his super? If so, how is it divided and is there a minimum percentage awarded? Also, how do I find out his super amount? He is claiming he has cashed his super in so hardly has any, which is of course a lie but how do I know if the amount he submits in the property division proceedings are the true and accurate ones
Submitted: 4 years ago.
Category: Australia Law
Expert:  Deborah Awyzio replied 4 years ago.

Deborah Awyzio :

You can complete a superannuation information form and submit it to his superannuation fund and they are required to provide you with a statement setting out his current entitlements. They may charge a fee for this, which you will have to pay.

Deborah Awyzio :

In relation to property settlement you can seek a superannuation splitting order, which has the effect of transferring some of your Husband's superannuation entitlements to a superannuation account in your name. It remains superannuation so you will have to satisfy the legal requirements before you can cash it in.

Deborah Awyzio :

The court adopts a four step process to determine how to divide up matrimonial property upon separation.

Deborah Awyzio :

Step One: Determine the assets and liabilities and their values.

Deborah Awyzio :

This includes superannuation

Deborah Awyzio :

Step Two: Determine the contributions both financial and non-financial made by each party to the assets.

Deborah Awyzio :

Usually in a long marriage, with all other things being equal the contributions of a breadwinner are balanced against the non-financial contributions of a homemaker.

Deborah Awyzio :

Step Three: Consider each parties future needs.

Deborah Awyzio :

This includes income earning capacity, health and age.

Deborah Awyzio :

Step Four: Effect a just and equitable distribution of property.

Deborah Awyzio :

This involves considering whether one party gets more cash then the other and whether there is a superannuation splittting order.

Deborah Awyzio and other Australia Law Specialists are ready to help you
Expert:  Deborah Awyzio replied 4 years ago.
Dear Annissa

It was a pleasure to assist you. I hope that you have moved forward in being able to resolve your property settlement with your Husband.

Deborah Awyzio
Just Answer Expert