Is Superannuation Considered an Asset in a Separation?

Is Superannuation Considered an Asset in a Separation?

Going through a divorce or separation can be difficult, especially if it’s with a long-term partner. Employing the services of a skilled family lawyer can help make the process easier, but it’s worth thinking carefully about exactly what’s going to happen to your assets when you separate.

Some assets are easy to split. Things like jointly owned properties, family cars and joint bank accounts usually belong to both partners and will be split accordingly. However, things like superannuation are often overlooked.

In this article we’ll have a quick look at how your super will be split in the event of a separation. Does it belong to you, or should you be prepared to share it?

Will My Super Be Split When I Separate?

One of the most common questions that we get asked is whether or not someone is going to have to share their superannuation savings with their former partner in the event of a divorce or separation. There isn’t a simple answer – it really depends on your situation.

In some cases, super can be divided between two former partners, while in others it won’t be. There are four things that you can do or be forced to do, including:

What Should I Think About Before Buying A Business?

What Should I Think About Before Buying A Business?

From a legal point of view there are a lot of things to consider when you’re buying a new business. For starters, you need to make sure that the contract of sale is in order and that you’re getting everything that you’re expecting to get.

Similarly, you need to make sure that everything is as it appears on the surface so that you don’t run into problems when you take over the business. Experienced commercial lawyers will be able to help you with everything you need to know when you’re buying your first business and I’d definitely recommend speaking to one.

With this in mind, I’ve put together a short list of the legal considerations you should keep in mind before you buy any new business:

Make Sure Any Building Contracts Are Transferable

If you’re buying a physical business which runs from a specific location, you need to make sure that the premises are included in the sale. Speak with the vendor about this, inspect the sales documents, and consult your commercial lawyer to make sure that everything is above board.

On the other hand, if the premises are leased then you need to speak with the owner to make sure that they’re happy to transfer the lease into your name. Usually they will be, but it’s important to double check.