VIC superannuation and settlement

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24 July 2017
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with property settlement i know my partners exwife has hidden some of her super . His lawyer is telling him it will take 5 weeks for them to find out if she has done this and we also have no idea what superfunds she has it in .. He want to settle now as this has been going on for 2.5 years and the value of his house is going up and he wishs to buy her out .. my question is can he put a clause in settlement that is after we settle we find her other super that it would be split 50/50 ?
 

AllForHer

Well-Known Member
23 July 2014
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You can try for a clause of that nature, but if it were me in her position, I wouldn't agree to it. Superannuation isn't as black and white as 'it will be split 50/50'. Not all super is considered part of the shared asset pool, which means not all super would be taken into account in a property settlement, so 50/50 benefits your partner, but it doesn't benefit her.

You've been doing this 2.5 years. What's another five weeks?