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WA De Facto Relationship - Superannuation and Separation?

Discussion in 'Family Law Forum' started by Niall, 1 July 2015.

  1. Niall

    Niall Active Member

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    I have been in a De Facto relationship for the last 18 years and am separating from my partner. Is my superannuation included as being part of the property settlement i.e. the house that we both have paid for over the last 10 years? I have been told that as I am in a De Facto relationship that super cannot be included as part of the separation deal but if I was married then it would be included. Is this true?? I live in WA.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Niall,

    Yes and no.

    If you are a de facto couple who were not married, you can't get court orders in relation to either of your superannuation policies and it is not included in the property settlement. However it still might be considered by the court when it considers the future needs of parties, and what would be a fair and equitable division of the assets.
     
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  3. Niall

    Niall Active Member

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    Hi Sophea,
    Thanks for your reply. Do you know where I can see this, under what section of the Law/Act states this?? Does federal law override State Law or does State Law come out on top as I live in WA?? I am getting conflicting evidence for this question. My lawyer says that superannuation is not property in a separation case but as you say will be taken into consideration by the court as I have 3 times what my partner has in super contributions. Her lawyer takes both of our super into account when calculating the "Property Assets". Is he right in making it an asset when trying to reach a property settlement.

    Any reply is greatly appreciated.

    Thanks Niall
     
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