A Superannuation Agreement is a written agreement, which complies with Part VIII B of the Family Law Act 1975 that provides for the payment splitting of a superannuation interest.
Most commonly used after the relationship has ended superannuation agreements can be used to flag an interest during or even before entering the relationship.
While the main effect of a Superannuation agreement is to prevent either party making an application to the Family Court for the division of superannuation assets. The aim of introducing Superannuation Agreements is to encourage all couples to agree about how to divide their Super in the event of, or following, separation.
However if the couple cannot agree on how to divide their Super a court has the power to issue a court order to split the super as part of a property settlement.
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