QLD Entitled to Husband's Superannuation as Property Settlement?

[MissieT]

Hi all,

I was just wondering if I could get some information. My husband and I are due to divorce this year and it is agreed that I get a certain amount of money from his superannuation in property settlement as we were together for 24 years. I have been told I can only get it after the divorce is final and have been told that there is paperwork that needs to be filled out to complete the transfer.

Does anyone know how I can go about doing this if I don't have a solicitor? Or where I can get the paperwork from?

 

[sammy01]

For asset division consent orders to be legally binding BOTH parties are required to have received independent legal advice.... Hence, you're gonna need a solicitor.

 

[Sophea]

Hi MissieT,

Splitting does not convert the super into a cash asset that you can get paid out now. It is still subject to superannuation release laws that don't allow you to access it until a certain event is reached such as turning retirement age. There are a series of steps you need to take which are set out here on the court's website: Superannuation - Federal Circuit Court of Australia

Your will to have something writing that records your agreement to separate your assets. This should be a way of a formal written agreement (which must be certified by a lawyer) or consent orders from the court - see: Separation Agreement Kit – Australia - Legal Documents - LawAnswers.com.au