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:

How do Courts Make Child Custody Decisions?

How do Courts Make Child Custody Decisions?

If you’re going through a particularly difficult divorce then you might find it hard to agree on who should get custody of your children. Although it’s always in your best interest to come to a mutual agreement with your ex, this simply isn’t possible in some cases.

If this happens, then you will need to go to court to work out who will get custody of your kids post separation. This is a worst case scenario, and if it comes to this you should always employ a family lawyer to help make sure that you get the best outcome possible.

With this in mind, we’ve covered a few of the things that judges will look at when they’re making child custody decisions.

When will child custody cases go to court?

Usually we advise ex partners to try and discuss things in a friendly manner before attempting to take them to court. If this isn’t possible and one or both parents aren’t happy with the current arrangements, then they can apply to have their child custody case heard in front of a judge.

Before this can happen you and your lawyer will need to gather an array of information and documents to help prove your case, otherwise you might not achieve the outcome that you want.

6 Reasons Why You Should Make A Will (If You Haven’t Already)

6 Reasons Why You Should Make A Will (If You Haven’t Already)

Wills are extremely important legal documents which should be treated with seriousness and respect. They essentially outline how your assets and estate should be divided if you pass away, and a well made will make life a lot simpler for the people that you leave behind.

However, a lot of people don’t have wills. If you’re young, you simply might not have thought of it yet. If you’re on the older side, but don’t have many assets, you might not think that they’re necessary.

But, the truth is that having a will is always a good idea. With this in mind, I’ve put together a list of the top 6 reasons why you should make a will (if you haven’t already). They include:

  1. It Will Make Things Easier For Your Family

If you pass away, then your family will already have to deal with losing you. You can make things easier for them by outlining what you want to happen to your assets in a legally binding will. Make sure that you’re specific, and make sure that you name a reliable executor.

  1. It Will Reduce The Risk Of Family Breakdown


If you have a decent amount of assets when you pass away, certain members of the family might go out of their way to claim a share if you don’t have a clearly written will.