Superannuation Splitting for De Facto Couples

Court forms and kits updated to reflect superannuation splitting for de facto partners: a blog about the changes.

The Family Court has updated its kit to reflect the amendments made to the Family Law Act 1975, 28 September 2022, which allow de facto couples who have been living together under DeFacto circumstances to split superannuation entitlements and interests

Superannuation entitlements can be recognised as “property” and divided between separating partners throughout a property settlement. 

Superannuation splitting orders are used to distribute superannuation interests or entitlement amongst parties.

De facto partners were previously restricted from access to their partner’s superannuation benefits if the relationship ended. Some separation agreements, can now be written such that de facto partners have greater rights to their former partner’s superannuation entitlements.

De facto couples now have access to the Court’s superannuation splitting service, which has previously only been available for married couples undergoing a divorce.

Relationships between two persons who are not married to each other are generally referred to as de facto relationships.

De facto relationships are classified into two types: registered and unregistered (common law). A relationship is typically deemed ‘unregistered’ if the two persons have lived together as a couple for at least (X) months and have a child together, even if they did not live together during that period.

Either party can apply to the Family Court of Western Australia for a superannuation splitting order. 

A range of family law forms used in WA have been updated to reflect the recent amendment to the Family Law Act 1975 and are available on the FCWA website

The amendments to the family law act 1975 28 September 2002,  allow that a court may issue an order dividing superannuation between parties who are not married or who have been in a de facto relationship for more than two years prior to their separation.

The revised forms provide alternatives for those seeking orders distributing their superannuation after they divorce their partner, the updated forms are:

• List forms …..

Do you need information regarding your ex-or spouse’s de facto partner’s superannuation entitlements?

If you need information regarding your ex-or spouse’s de facto partner’s superannuation entitlements, complete Form _____ from the Superannuation Information Kit or contact us for professional advice.

If you are not sure about your own entitlements, contact us we can help!

The Family Court welcomes the introduction of this amendment and at KDK Family law we are ready to guide you throughout the process.