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WA Claiming Superannuation from Ex De Facto - 5 years of Separation?

Discussion in 'Family Law Forum' started by jaja, 9 September 2014.

  1. jaja

    jaja Member

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    Am I still able to claim superannuation from my ex de facto partner 5 years after our separation? We have a shared mortgage but our three kids have lived here with me. Recently I was told that I could be entitled to some super. We were together 6 years. Is it worth pursuing? Other than super and intermittent child support, I have no assets from him.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi jaja,
    Have you already formalised your property settlement after you separated with an agreement or court orders?

    Either party to a de facto relationship may bring an application for Property Settlement at any time after separation (this is best done straight away). Proceedings for a property settlement (court application) must be brought within 2 years of your separation as a de facto couple. If you don't commence property proceedings within these limits you may lose your rights. If a property settlement is not reached prior to this time limit, you may still be able to bring an Application for Property Settlement "out of time" with the court's permission, however I don't know what your chances would be 4 years outside of the time limit.

    As has been stated many times in this forum, there are no rules of 'entitlement' per se when it comes to property division and settlement orders. While it is true that a court has power to split a party's superannuation, it will only do this it deems it fair and just having regard to all the circumstances. A court goes through a process of determining what is fair and just based on all the circumstances of each party including their contributions to the assets and their financial needs.

    Court applications can be expensive and you will require legal advice and perhaps representation, in addition unless you can provide compelling evidence of why you should be allowed to make an application for settlement 4 years outside of the normal time limits the court will not hear your application. I would weigh up whether the cost is worth what you will receive out of it.

    This is why it is important to seek legal advice immediately upon separation.

    Refer to these LawAnswers Family Law Forum threads for more info:
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi jaja,

    In Australia, superannuation is just like any other asset that may be shared amongst partners upon separation/divorce. Therefore, you may be entitled to a portion (up to 50%) of your ex-partner's superannuation. You can request information about your ex-partner's superannuation from the Family Law Courts: see Family Law Courts Superannuation. Note that the rules in Western Australia are slightly different from other States and Territories, so I would suggest giving the Western Australian Family Law Courts a call and enquiring: contact for WA; and brochure.

    However, there may be a time issue. Most property division issues have a time limit of 24 months from date of separation. Again, ask the family law court whether you are still able to claim.
     
  4. jaja

    jaja Member

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    Great, thanks for that info. We had temporarily reconciled over the years. He played nicely but with a new partner on the scene he has become the ex from hell, sigh. I need to protect my children and myself from him and the new partners vindictiveness.
     
  5. jaja

    jaja Member

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    Thanks so much for that advice. I really can't be bothered with it all but as usual the one doing the right thing is targeted. I really need to get legal advice before and unfortunately it will have to be free.
     

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