I have accumulated a lot of superannuation from before I got married. Can I keep this separate and just count the super accumulated from when we got married?
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Answer by Pearl Beaumont, Penrith 2570 NSW
- No. The court will take into account superannuation accumulated before the relationship, during the relationship and after separation. However you do need to be equipped to demonstrate what you already had at commencement of the relationship and what you accrued after separation
- The ‘just and equitable’ principle applies equally to superannuation.
- Usually superannuation will form a part of a larger property pool available for division.
- You can apply to your superannuation fund for a valuation. If your case goes to court you will need to provide this document to the court as part of your evidence.
- There are special forms available at your court registry or on the Family Court website that you will need to fill in and give to your superannuation fund.
- Once you receive a response from your superannuation fund with the value on it you will need to provide it to the other party and use it in your court documents.