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Superannuation is included in the property asset pool at separation in the same way as any other asset. It is therefore important that you consider superannuation and your potential entitlements early in separation and obtain legal advice prior to agreeing to any property division.

The Family Law Act 1975 (Cth) enables separating couples and their superannuation providers to transfer money between funds where necessary, which is generally referred to as a superannuation split. It is important to note that the usual restrictions still apply to accessing the funds.

Superannuation splits generally require court orders to be processed, however, these can be obtained by agreeing to Consent Orders without the stress of a court hearing or arguing in court.

If you require advice in relation to property division and superannuation, please contact BJT Legal on (03) 5333 8840 or

Please note that this is general information only and is not to be relied upon as legal advice.