How Can I Protect My Super from Divorce?

Superannuation is often one of the most valuable assets considered during a property settlement, leaving many people wondering whether they can protect their retirement savings if a relationship ends. While there is no automatic way to exclude superannuation from a property settlement after separation, there are steps that may help protect your interests. In this guide, the team at O’Sullivan Davies explains how superannuation is treated under Australian family law and the role financial agreements can play in protecting your assets.

Can You Protect Your Superannuation from Divorce?

You can’t protect your superannuation from being considered in a property settlement unless you signed an agreement to that effect before or during the relationship.

The only way to keep all of your superannuation or any other particular asset in a property settlement division (which is a separate process to a divorce), is to reach an agreement.

Superannuation is one of the assets that will be divided. If you want to keep yours then you are going to have to give up other assets in exchange.

Reaching an Agreement About Property Division

When a marriage ends, a property settlement can be finalised by agreement if parties enter into a Financial Agreement, or apply to the Family Court for Consent Orders. If parties do not agree on their property settlement, contested Court proceedings may be needed to achieve Court Orders.

Regardless of whether the property settlement is made by way of a Financial Agreement or Court Orders, superannuation will be an asset to be divided between the parties, and the Financial Agreement or Orders will need to be set out the division in very precise terms.

Entering into a Financial Agreement prior to marriage (or indeed prior to entering a de facto relationship) enables a party to a marriage (or de facto relationship) to protect their superannuation in the event that the relationship does not work out.

Speak with an Experienced Property Settlement Lawyer

If you would like advice about protecting your superannuation or preparing a financial agreement before or during a relationship, the team at O’Sullivan Davies can help. Contact our experienced property settlement lawyers today for practical advice and support tailored to your circumstances.