How Super Splits Work • Property Settlement • Fixed Fee Support
Superannuation is treated as property under the Family Law Act 1975. This means it can be split, allocated, or offset between partners during separation or divorce.
This guide explains how superannuation splitting works, when you need a splitting order, how the process operates, and how Adams United Lawyers drafts fund-approved clauses on a fixed-fee basis nationwide.
What Is a Superannuation Splitting Order?
A Superannuation Splitting Order is a formal arrangement that instructs a superannuation fund to transfer a portion of one partner’s super to the other.
A split can be implemented through:
- Consent Orders, or
- a Binding Financial Agreement (BFA)
A splitting order does not release funds early. Instead, it divides super so each person holds their own entitlement inside their own fund.
This creates a fair, enforceable division of superannuation as part of your property settlement.
When Do You Need a Superannuation Splitting Order?
A split is required when:
- one partner has significantly more super
- a fair division of total assets is needed
- one partner took time out of the workforce
- super is a large component of the asset pool
- you are finalising a Binding Financial Agreement or Consent Orders
- you want certainty and enforceability
A super split must be done formally. You cannot simply “agree” without legal documentation.
How Superannuation Is Treated in Family Law
Superannuation forms part of the overall asset pool, alongside:
- real estate
- bank accounts
- investments
- businesses
- vehicles
- debts
Super can be:
✔ Percentage Split
(e.g., 40% of one member’s interest)
✔ Base Amount Split
(e.g., $80,000 transferred to the other member)
✔ Offset
(e.g., one keeps the home, the other keeps more super)
✔ Left Untouched
(if balances are already similar)
How a Superannuation Split Actually Works
The super splitting process involves several mandatory steps:
Requesting an Official Superannuation Valuation
This is usually a Form 6 (or equivalent) from the fund. It provides the accurate value required for property settlement.
Drafting the Proposed Split
This wording must meet legislative requirements and be approved by the fund.
We draft fund-compliant clauses for maximum enforceability.
Providing Procedural Fairness to the Fund (Mandatory Step)
Before the Court will make superannuation splitting orders — or before a fund will accept a split inside a Binding Financial Agreement — the fund must be given:
- the draft super split wording, and
- a genuine opportunity to review and comment.
This is called procedural fairness.
If procedural fairness is not provided:
❌ the fund may refuse to implement the split
❌ the Court may reject the Consent Orders
❌ delays and additional legal costs may occur
We ensure the correct procedural fairness notice is delivered to every fund before finalisation.
Consent Orders or BFA Finalisation
A super split can only be implemented through:
- Consent Orders, or
- Binding Financial Agreement
Consent Orders
Binding Financial Agreement
Fund Implements the Split
Once Orders are sealed or the BFA is executed, the fund performs the rollover internally.
This final step completes the division.
Types of Superannuation Splits
✔ Percentage Split
The most common method.
✔ Base Amount Split
A fixed dollar amount.
✔ Offsetting
Super is balanced against other property.
✔ Multiple Fund Splits
Used where parties have multiple accounts or SMSFs.
What Superannuation Splitting Cannot Do
A super split cannot:
- release super early
- convert super to cash
- bypass preservation rules
- be implemented informally
All super remains preserved until release conditions are met.
Superannuation Splits in a Binding Financial Agreement
Super splits can be included in:
- Prenups (s 90B)
- During marriage (s 90C)
- Post-separation (s 90D)
- De facto agreements (s 90UB/UC/UD)
BFAs provide flexibility and privacy and avoid court filings.
Internal links to add:
How Much Does a Super Split Cost?
Most firms charge super splitting as a separate item.
Adams United Lawyers – Fixed Fee (Included)
Super splitting clauses are included within your existing BFA or Consent Orders package:
- $2,200 – BFA Drafting
- $990 – Independent Legal Advice (other partner)
- $1,100 – Consent Orders (property settlement)
No hourly billing.
No hidden charges.
How Long Does a Superannuation Split Take?
- Valuation from fund: 3–28 days
- Drafting of clauses: 24 hours
- Procedural fairness (fund review): 3–14 days
- Consent Orders processing: 2–6 weeks
Urgent matters can be fast-tracked where required.
Why Choose Adams United Lawyers?
✔ Specialists in super and property settlement
✔ Fund-approved drafting
✔ Fixed transparent fees
✔ National service
✔ 27+ years’ family law experience
✔ Fast turnaround and full handling of notices
Start Your Superannuation Split Today
If your property settlement includes superannuation, we can help ensure it is divided properly and legally.
📞 1800 407 792
📧 kadams@adamsunited.com.au
🌐 adamsunited.com.au
Frequently Asked Questions – Superannuation Splitting Orders
Can the court split my partner’s super?
Yes. Superannuation is treated as property and can be split or offset.
Do we need a formal order or agreement?
Yes. A super split cannot be implemented without Consent Orders or a BFA.
Does super get paid out in cash?
No. The receiving partner receives the split inside their own super fund.
Can I offset super for home equity?
Yes — this is common when balancing fairness.
Do all funds accept splitting orders?
Most do, but the wording must comply with the fund’s requirements.
How long does a super split take?
Typically 4–8 weeks for full completion.
Does super form part of the property pool?
Yes. Superannuation is included and must be valued.
What is “procedural fairness” in superannuation splitting?
Before a split is approved, the fund must be given the proposed wording and an opportunity to comment. Without procedural fairness, the fund may refuse to implement the split and the Court may reject the orders.
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