After a marriage or relationship break down, dividing up the family assets is a very tough and emotional process for most couples. It is important that you get solid advice from a family law solicitor about what you may be entitled to, assets such as superannuation can be over looked when in fact super is a dividable asset, just as the family home is.
Changes to the Family Law Act in 2002 and further amendments in 2005 now see superannuation treated just like any other asset of a marriage or de facto relationship. And just like other assets, super can be divided up and shared between the divorcing or separating parties.
If the parties are unable to negotiate the property settlement, the Family Court can order that all assets, including super, should be split – forthwith, and in proportions determined by the court.
It is important that you know what you are entitled to and what your obligations might be. If you are going through a separation, don’t do it tough on your own. Get a Family Law Solicitor that can guide and support you through this time of your life.