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Separation and Super

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ClueLess View Drop Down
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Joined: 16/October/2017
Location: Australia
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  Quote ClueLess Quote  Post ReplyReply Direct Link To This Post Topic: Separation and Super
    Posted: 16/October/2017 at 20:00
Seeking a little information and advice. I've been separated from my wife for 6 months now, and there's no reconciliation. As with most divorces I guess one party is worse off financially that the other.
For the claim to my super, is that on the balance of my super from the date of separation or is that only calculated the day the divorce is filed?
I hope it's from the day of separation because if it's not, it's a damn unfair deal...

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 17/October/2017 at 09:51
These things can get messy, could I suggest that you write to your wife and suggest that as there seems to be no reconciliation on the horizon,you believe it's time for a property settlement. Then outline what you think this should be and suggest that if she is agreement the two of you could file for consent orders, thus saving all the legal costs.

Be reasonable and the chances are that she may agree, then there is one sticking point out of the way. If you do reconcile, nothing is lost save for some filing fees.

ClueLess View Drop Down
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  Quote ClueLess Quote  Post ReplyReply Direct Link To This Post Posted: 17/October/2017 at 18:09
Thanks for the reply citizen-joe

It doesn't really answer my Super question. Any idea how this works?

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 17/October/2017 at 19:02
The short answer is I don't know, although there are laws and precedents what happens is not just a set of rules, if it were, we wouldn't need courts and judges, just a clerk behind a desk with a rule book.

Make an offer then only worry about pursuing this if negotiations fail.

jaazzz View Drop Down
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Joined: 19/September/2009
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 18/October/2017 at 21:43

Super can be difficult. Can depends in part on what sort of fund it is. There are a number of different formulae that can be used.. This link may help answer some questions

https://www.ag.gov.au/FamiliesAndMarriage/Families/SuperSplitting/Documents/Superannuation%20splitting%20frequently%20asked%20questions.pdf

Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

ClueLess View Drop Down
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  Quote ClueLess Quote  Post ReplyReply Direct Link To This Post Posted: 20/October/2017 at 19:07
Thanks Jaazzz, this will help.

Helpingafriend View Drop Down
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  Quote Helpingafriend Quote  Post ReplyReply Direct Link To This Post Posted: 22/October/2017 at 10:21
The split will be based on the value of all property as at the date of Order

My super has almost doubled since separation - mostly due to employer contributions - and all of it is considered part of the property pool

That is one incentive to resolve the issue quickly however this can be difficult if the other party has nothing to lose by dragging things on endlessly. Well not endlessly, but pursuing it in Court can take a lot of time

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