by amicableandy  31/01/2014  585 Page Views
0 Comments  Family & de facto law, financial agreements, consent orders
Hi all,

My ex and I have separated amicably, and I want to give her (transfer to her fund) an interest in my super fund. I want this to happen as of right now.

I have the DIY kit from the Family Law Courts, and I understand everything I have to do, such as procedural fairness, etc. What I don't get, is the wording of the draft consent order.

My understanding is that there are two types of superannuation splitting:
1.) Immediate split of my superannuation interest; or
2.) Future split of any authorised payments made to me by my super fund (eg. once I've retired). By the way, I'm nowhere near retirement age.

I've found wording for a draft consent order which goes as follows:

That in accordance with section 90MT(1)(b) of the Family Law Act 1975, (the Act), whenever a splittable payment within the meaning of section 90ME of the Act becomes payable to or on behalf of [ME] from his interest in his Acme Superannuation account, [WIFE] is entitled to be paid (by the Trustee of Acme Superannuation) the amount calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001, using a base amount of $35,000 and there is a corresponding reduction in the entitlement that [ME] would have had but for these Orders.

The next order specifies the operative time (4 days from the Trustee being served the order).

This wording seems to be saying that any payments made to me (from this point onwards) will bring this consent order into force. But I don't want it to be when I'm 65. I want it to happen now.

I can't afford to engage legal advice, so I'm wondering if anyone has done this and can help me with the correct wording of the order?

Thanks :)