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Australian Lawyers and Consultants

Superannuation and Divorce

October-November 2000

The Family Law Legislation Amendment (Superannuation) Bill 2000 is now in the Senate and expected to pass after a debate to take place following a report from a Senate Select Committee due to be delivered on 28 November 2000, although actual implementation may be deferred for up to 12 months. Draft changes to the SIS Regulations were released on 10/10/00 for public comment by 30/11/00. The new law will aim to give the Family Court clearer powers to split superannuation in marital property disputes.

The Bill recognises 3 alternative methods of splitting a superannuation entitlement:

1. the actuarial method,
2. the fixed percentage method, and
3. the transfer amount method.

For further information, contact Joe Lederman at BALDWINS, Australian Lawyers & Consultants.

Return to the Superannuation Law Archive or Australian Tax Archive.