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De Facto Partners Now Entitled
To Superannuation Splitting Orders

In a separate article, De Facto Partners’ Property Disputes Now in the Family Court, we described the major amendments recently introduced to the Family Law Act 1975 (Cth) from 1 March 2009 to allow former partners in a de facto relationship involved in a property dispute to bring an application in the Family Court or the Federal Magistrate Court.

One of the most significant reforms is that a de facto partner may now seek superannuation ‘splitting orders’ or ‘flagging orders’ as part of a property disputed under the Family Law Act.

Pursuant to a superannuation splitting order, a court would create a separate, personal superannuation entitlement granted to the non member of the superannuation fund.

A court may instead ‘flag’ the entitlement of a non member to a supernnuation fund until such time as he’she will receive the appropetiate share of the member’s entitlements.

De facto aprtners were not previously entiled to superannuation splitting orders or flagging order State or Territory legislation.

Property orders covering superannuation entitlements are particularly significant in Canberra where, frequently, a party may have accumulated entitlements under public servants’ funds such as the Commonwealth Superannuation Scheme (CSS); The Public Sector Superannuation Scheme; the Defence Force Retirment and Death Benefits Scheme (DFRDB)

Such entilements are sometimes worth hundreds of thousands of dollars.

If a party is already receiving a superannuation pension, the other aprty may be entiled to receive a share of that pension.

If a party has accumulated superannuation entitlements which have not yet  been commuted, the other may be entiled to a substantial share of those entilements which he/she may receive as a new , personal, superannuation entitlement.

For more information call Carlos Turini or the Family Law team
on (02) 6206 1300

Or Send an email to the Family Law Team

 

 

 

       De Facto Partners now entitled
Liability limited by the Solicitors Scheme, approved under the Professional Standards Act 1994 (NSW)

De Facto Partners now entitled to Superannuation

De Facto Partners Now Entitled
To Superannuation Splitting Orders

In a separate article, De Facto Partners’ Property Disputes Now in the Family Court, we described the major amendments recently introduced to the Family Law Act 1975 (Cth) from 1 March 2009 to allow former partners in a de facto relationship involved in a property dispute to bring an application in the Family Court or the Federal Magistrate Court.

One of the most significant reforms is that a de facto partner may now seek superannuation ‘splitting orders’ or ‘flagging orders’ as part of a property disputed under the Family Law Act.

Pursuant to a superannuation splitting order, a court would create a separate, personal superannuation entitlement granted to the non member of the superannuation fund.

A court may instead ‘flag’ the entitlement of a non member to a supernnuation fund until such time as he’she will receive the appropetiate share of the member’s entitlements.

De facto aprtners were not previously entiled to superannuation splitting orders or flagging order State or Territory legislation.

Property orders covering superannuation entitlements are particularly significant in Canberra where, frequently, a party may have accumulated entitlements under public servants’ funds such as the Commonwealth Superannuation Scheme (CSS); The Public Sector Superannuation Scheme; the Defence Force Retirment and Death Benefits Scheme (DFRDB)

Such entilements are sometimes worth hundreds of thousands of dollars.

If a party is already receiving a superannuation pension, the other aprty may be entiled to receive a share of that pension.

If a party has accumulated superannuation entitlements which have not yet  been commuted, the other may be entiled to a substantial share of those entilements which he/she may receive as a new , personal, superannuation entitlement.

For more information call Carlos Turini or the Family Law team
on (02) 6206 1300

Or Send an email to the Family Law Team

 

 

 

       De Facto Partners now entitled