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Adjustment of Superannuation Entitlements

Hi All,

I hope that I am posting this in the right area.

My ex and I were divorced earlier this year.  Prior to this we agreed on a split for all assets (except superannuation) via mediation.  There was no house/mortgage involved.

I have received a letter from a solicitor acting on my ex's behalf seeking to finalise the property settlement via an adjustment of superannuation entitlements.  The letter says that their client would like to resolve the matter by negotiating directly with her.  I have obtained details of my super balance at our date of separation, attempted to discount a portion of that balance that I had contributed prior to our marriage, and have a figure that I wish to offer her.

My questions is….If we are able to agree on a figure, do I need to obtain legal representation to finalise the settlement?

Thanks in advance for your assistance.
nm07 said
Hi All,

I hope that I am posting this in the right area.

My ex and I were divorced earlier this year. Prior to this we agreed on a split for all assets (except superannuation) via mediation. There was no house/mortgage involved.

I have received a letter from a solicitor acting on my ex's behalf seeking to finalise the property settlement via an adjustment of superannuation entitlements. The letter says that their client would like to resolve the matter by negotiating directly with her. I have obtained details of my super balance at our date of separation, attempted to discount a portion of that balance that I had contributed prior to our marriage, and have a figure that I wish to offer her.

My questions is….If we are able to agree on a figure, do I need to obtain legal representation to finalise the settlement?

Thanks in advance for your assistance.
 
No, however, reading what you have put here about discounting a portion of my super before we married, would lead me to suggest you need to do some reading of at least  s.75 and s.79 of the FLA 1975.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
NM07,
Super splits are tricky. There is no automatic assumption that the pre-marriage and post-marriage contributions will be excluded. That approach (West and Green) is no longer considered good law.
Having said that, there is nothing wrong with putting it to the other lawyer as a proposal. If your ex through her lawyer accepts a super split (whatever it may be) why not let the lawyer draft the consent order and Application. Saves you having to engage one. You probably need someone with expertise to draft the splitting order so that it complies with ss 90MJ(1) and 90MT of the Act.
One important factor, you must have the consent of your super Trustee before the Orders can be made, and a letter of consent needs to be filed with the Application.
To do this you need to send a copy of the proposed orders to the Trustee with a request that they consent in writing.  
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