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The Commonwealth Government's Family Law amendments came into effect on 28 December 2002. The new 'super splitting' laws enable superannuation interests to be treated the same way as property and assets, allowing it to be divided between separating spouses upon marriage breakdown.
The Family Law amendments allow separating spouses to enter into binding agreements about the division of superannuation upon marriage breakdown, enabling separating spouses to settle their financial affairs in one agreement.
Where the parties are unable to agree, the Family Court will be given the power to divide a superannuation interest as part of a property settlement. Trustees of superannuation funds are required to comply with the requirements of an agreement or Court order.
| Publication Title | Publication Details | Document ID |
| Family Law and Superannuation Fact Sheet | Information sheet (pdf, 80kb) |
FLA1 |
| Application for Information About a Superannuation Interest | Application form (pdf, 37kb) |
FLA2 |
The information provided is of a general nature only and is based upon the NT Superannuation Office's understanding of the Family Law amendments. Members of the Northern Territory public sector superannuation schemes currently involved in Family Law proceedings or property distributions are strongly advised to consult their legal and financial advisors on the implications of the new arrangements. In no event shall the Northern Territory of Australia be liable for any losses or damages, resulting from the use of this material. While care has been taken to ensure that information contained in Northern Territory Government publications is true and correct at the time of publication, circumstances after the time of publication may impact on the accuracy of this information. The Northern Territory of Australia gives no warranty of assurance and makes no representation as to the accuracy of any information contained or that it is suitable for your intended use.
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