Even though superannuation comes under a separate part of the Family Law Act (Part VIIIB), it is still taken into account in the overall property settlement and is subject to the same principles, in that:-
- All superannuation is taken into account, regardless of when it was acquired;
- It is not automatically subject to a 50/50 split; and
- The Court will decide the division of superannuation based on what is just and equitable.
It is important to understand that a superannuation splitting order does not enable or entitle you to access the superannuation any earlier. It is still subject to superannuation laws (provided that superannuation is only accessible after retirement age).