Superannuation & Family Law
Superannuation Splitting
Divide super as part of your property settlement. Understand flagging orders, splitting orders, and how super is treated in Australian family law.
$3.5T
AU Super Pool
Property
Treated As
28 Days
To Implement
The Super Splitting Process
1
Obtain Super Values
Request current values from all super funds using Form 6 and Superannuation Information Form
2
Agree on Split
Negotiate how super will be divided as part of overall property settlement
3
Draft Orders/Agreement
Include splitting orders in consent orders or Binding Financial Agreement
4
Serve on Trustee
The super fund trustee must be served with procedural fairness documents
5
Court Approval
For consent orders, court approves. For BFA, independent legal advice certified
6
Implementation
Fund implements the split - may take 28 days after sealed orders received
Flagging vs Splitting Orders
| Aspect | Flagging Order | Splitting Order |
|---|---|---|
| Purpose | Temporarily prevents fund from paying out super | Permanently transfers a portion to other party |
| When used | While proceedings are ongoing | As part of final settlement |
| Duration | Until lifted or splitting order made | Permanent |
| Effect on member | Cannot access super until resolved | Reduced balance, split amount to other party |
When super is split, the receiving party's share goes into a superannuation account in their name - not as cash. Normal preservation rules apply. You cannot access it early just because it came from a family law split.
Frequently Asked Questions
Estimate Your Super Split
Use our free Super Splitting Estimator to understand how super might be divided in your property settlement.