Property Settlements

Family Law and Superannuation Pt 2- Unknown Super Amount

TGB's family law team explains how to find out the facts about your partner's superannuation during a divorce settlement.

TGB’s family law team explains how to find out the facts about your partner’s superannuation during a divorce settlement.

Superannuation is almost always a factor in determining a property settlement after the breakdown of a relationship.

But what happens if I do not know how much superannuation my partner has and they won’t tell me?  Or what if I suspect my partner is not telling me the truth?

One of the principles of Family Law in Australia is that both partners must provide full financial disclosure to the other.  That means you and your partner need to be completely open and honest about the assets, liabilities and financial resources which you own or to which you may be entitled.

But that means you or your lawyer must ask your partner to provide you with information which they might not want to provide you with, despite their obligations at law.  Or you might want to know what the situation is without your partner knowing or before ending the relationship.

The law allows you to make an enquiry of your partner’s superannuation fund without your partner even knowing about it.  Lawyers usually refer to these requests for information as “Form 6 requests”.  All you need to know is the fund in which your partner holds their superannuation, then contact the fund and ask them to send you the paperwork.

Or you can ask your lawyer to do that for you in the context of broader advice on property settlement.

Read Part 1 – Superannuation and Property Settlement

TGB is South Australia’s largest family law firm, with new offices in Western Australia and Northern Territory. For advice about your family or divorce issue, contact your nearest TGB office.