Superannuation in Family Law

Superannuation interests in Australia are treated as property interests and needs to be identified and valued.
In most cases, the superannuation will not be available to the parties as they have not yet reached a relevant retirement age and/or retired from the workforce.
However, that does not prevent the Court from effectively valuing and treating the superannuation interests as notional property of that party today.
Each party can agree to keep their own superannuation interests at current values, or alternatively, there are provisions to allow the splitting of superannuation interests between the parties.
The splitting of superannuation interests is not straightforward and legal advice should be sought to assist with the drafting and implementation of such arrangements.