ARTICLE · 31 OCTOBER 2022

How to stay in the same SMSF when you separate

Pentana Stanton Lawyers

Explore more from Pentana Stanton Lawyers

Explores how superannuation is normally split, how super in SMSFs is split, & why you might want to stay in your combined SMSF.

AustraliaFamily and Matrimonial

Author LinkedIn connections

When you're separating from your partner, property settlement is one of the most complex parts of the process. Having superannuation in a self-managed super fund (SMSF) can make things even more complicated.

Normally, splitting superannuation means having the trustee of one partner's fund (the one whose super is being split) transfer the other partner's super interest to a new fund. But what happens if you're both in the same SMSF – and you want to stay there?

In this article, we'll explore how superannuation is normally split, how super in SMSFs is split, and why you might want to consider staying in the same self-managed super fund as your ex-partner.

HOW SUPERANNUATION IS NORMALLY SPLIT DURING SEPARATION

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Contesting A Will? This Is What You Need To Know

AustraliaFamily and Matrimonial

Carroll & O'Dea

Protecting Your Business In Family Law: Navigating Corporate Veils And Third-Party Interests After Separation

AustraliaFamily and Matrimonial

HHG Legal Group

A Step Closer: Proposed Trust Tax Changes Reach Parliament

AustraliaFamily and Matrimonial

The Duty Of Disclosure In Property Proceedings - An Obligation You Cannot Ignore

AustraliaFamily and Matrimonial

Bartier Perry Solicitors

It Depends – Common Mistakes Enduring Attorneys Make (Video)

AustraliaFamily and Matrimonial

Cooper Grace Ward

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Family Law

See more popular content from

Family and Matrimonial

Is getting divorced all I need to do?

To finalise your separation with your husband or wife, you generally need to consider more than just obtaining a divorce.

AustraliaFamily and Matrimonial

Cooper Grace Ward

How much does a family lawyer make in Australia?

Article dives into the financial aspects of being a family lawyer in Australia.

AustraliaFamily and Matrimonial

Unified Lawyers

When Does A Relationship Become A De Facto Relationship?

Understanding when a relationship becomes legally recognised as de facto in Australia is more complex than many believe. This article examines the legal framework under the Family Law Act 1975, exploring how courts assess relationships of varying durations and what factors truly determine de facto status beyond the commonly misunderstood two-year threshold.

AustraliaFamily and Matrimonial

Bartier Perry Solicitors

Father Custody Rights Australia: Can He Take The Child?

When no parenting orders exist in Australia, both parents hold equal legal authority over their child under section 61C of the Family Law Act 1975. However, the 2024 legislative changes have fundamentally...

AustraliaFamily and Matrimonial

Unified Lawyers

Can A Beneficiary Be An Executor Of A Will In Australia?

There's nothing in Australian law that disqualifies a beneficiary from being an executor of a Will.

AustraliaFamily and Matrimonial

It Depends – Common Mistakes Enduring Attorneys Make (Video)

Enduring attorneys often make critical mistakes that can invalidate powers of attorney or create legal complications when managing someone else's affairs. From poor record-keeping and intermingling finances to failing to seek professional advice on complex decisions, these errors can have serious consequences for both the attorney and the person they represent.

AustraliaFamily and Matrimonial

Cooper Grace Ward

Shared care after separation - is 50/50 a right?

Separating parents often ask whether they have a right to equal, week-about care of their children, but Australian family law does not work that way. This article examines when shared care arrangements succeed, how courts now assess applications for equal time following major 2024 reforms, and why no parent can claim a legal entitlement to a 50/50 split.

AustraliaFamily and Matrimonial

Bartier Perry Solicitors

When A Signed Will Is Not Enough: What A Recent Supreme Court Decision Says About Online Estate Planning.

A NSW Supreme Court decision reveals that even a properly signed and professionally drafted Will can fail if the process doesn't adequately establish that the document reflects the testator's true intentions. The case examines the critical distinction between document preparation and comprehensive estate planning, particularly relevant as online Will services become increasingly common.

AustraliaFamily and Matrimonial

HHG Legal Group

Decree Nisi and Decree Absolute in Australian family law

The terms "Decree Nisi" and "Decree Absolute" terms are no longer used, but the divorce process includes similar stages.

AustraliaFamily and Matrimonial

Unified Lawyers

Exclusive Occupation of Family Home after Separation

Separating from a partner is hard enough without also having to work out who’s staying in the family home. Some couples manage to keep living under the same roof for a while after separating, but that’s not always realistic, especially where things have turned hostile or there’s a risk of family violence.

AustraliaFamily and Matrimonial

Coleman Greig Lawyers