|Family Law SuperSplitting Documents for SMSFs
|Pricing includes GST
SuperSplitting documents are required under the Superannuation Industry (Supervision) Act 1993 (Cth) and Superannuation Industry (Supervision) Regulations 1994 (Cth), to implement a legally effective split of superannuation entitlements in an SMSF pursuant to splitting orders or a financial agreement.
These documents are designed to assist and provide advisers and SMSF trustees with practical guidance on the steps required to ‘split’ superannuation in an SMSF context following a marriage or relationship breakdown. The documents cover both married couples and couples terminating a de facto relationship, whether that relationship be same sex or different sex. These documents are designed to be used where one of the following has been served on the trustee of the SMSF:
- a payment splitting order (a court order under the Family Law Act 1975 (Cth)); or
- a superannuation agreement (made by the parties each with independent legal advice, but having been separated for 12 months).
We prepare draft documents which are tailored to the member’s circumstances and can cover a ‘base amount’ or a percentage’ split in relation to a member’s interest in the same SMSF.
Naturally, other documents and services may be required and we would be pleased to assist (see under heading ‘Other documents’ below).
- Covering letter
- Trustee resolutions
- Payment split notice
- Relevant family law notices
- Other relevant forms including trustee forms as well as member and non-member spouse forms
- SMSF Family Law SuperSplitting Memo
SuperSplitting in an SMSF context will also typically result in a restructuring of the SMSF, eg, one member may roll their interest over to another SMSF. Death Benefit Nominations should also be changed after separation. We provide the following SMSF and related services, including:
- Change of trustee
- SMSF deed update
- Binding death benefit nomination
- New corporate trustee
- Cessation of member
- Resignation of director
- SMSF to SMSF Roll-Over Kit
- Admit a conditional member
- Much more –– review the rest of our webpage
Please note that the SuperSplitting documents are prepared in draft for execution with relevant commentary on completion.
Due to the complex nature of the superannuation, legal, tax and related issues typically involved in super splitting arrangements, we recommend that SuperSplitting documents should always be reviewed and executed with the input of the member’s family lawyer.
Importantly, legislation regulating legal practice in each State and Territory in Australia prohibits non-qualified persons from preparing documents affecting the legal rights of an individual for a fee unless they are a qualified legal practitioner in the relevant jurisdiction. If you require DBA Lawyers’ assistance with any aspect, we would be pleased to assist. Our additional assistance is generally charged at our usual hourly fee rates plus GST.
SMSF Family Law Super Splitting Memo
The Memo provides an overview of key points to consider when undertaking a super split in an SMSF, with general guidance on splitting orders, tax considerations (including the proportioning rule), the transfer balance cap, and much more.
This Memo provides a general guide only and is no replacement for expert advice given the complexity of the superannuation, taxation, family law and other factors that relate to an effective super split.