Im am just enquiring about super i seperated from my husband…

Dear customer, your question relates to financial separation and superannuation.

Superannuation under a relationship separation is not safe, especially if one party attempts to stop the other party from accessing those funds! In the case of Mackah v Mackah [2017] proceedings were commenced in the Family Court for the division of assets. The husband superannuation remained under his name. The Court ordered the husband pay to his wife $350,000 by a specified date as part of the financial settlement. The husband did not comply with the Court order. The wife commenced proceedings in the Appeal Court. The husband argued that he was not able to pay the money and that his superannuation could not be accessed under the legislation. The Court of Appeal ruled against the husband, and the wife could pursue enforcement orders for the payment of the $350,000 from the husbands superannuation. The fact is, that sometimes one partner to a relationship breakdown will act without a moral compass. However, the Courts in such situation will make it right, on the basis of what is just an equitable between the separating parties.

Superannuation is defined as part of the asset pool, and can be taken into account as part of the property split.

When a relationship breaks down superannuation agreements may be used as part of the financial separation process between separating parties. However, if the agreement is not just an equitable to the total circumstance of the situation, it may be set aside under section 90K(1) of the Family Law Act 1975 (Cth). There are various reasons why an agreement may be set aside.

When a relationship breaks down and financial separation needs to occur, superannuation interests are included in the property split. This means that both parties superannuation interests must be brought into account with the total value of the asset pool. There are a number of ways that superannuation can be handled for the division of property, and it is prudent to obtain assistance early.

There are various matters that need to be taken into account with financial separation, and I recommend that you talk with a solicitor further. You may request telephone services as required.

Kind regards *****