Family law and Splitting Superannuation – How it’s done and what happens next

This booklet is designed to provide you with a step by step guide to how the  superannuation splitting process works in the event of separation or divorce.

At the beginning of Part A you will find a list of the steps you need to follow and a summary of the legislation relevant to each step.

At the beginning of Part B you will find a list of the things that will happen after your superannuation has been split and a summary of the relevant legislation. You will find more specific references to legislation in each of the steps.

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Application for Consent Orders (do it yourself kit)

This kit can be used to apply for consent orders about:

  • the care, welfare and development of your children (known as parenting orders);
  • the division of property or maintenance for a spouse or former spouse/de facto partner (known as spouse or de facto partner maintenance).

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Preparing Affidavits for the Magistrates Court

An affidavit is a written statement, which sets out the facts of your case – your story – in numbered paragraphs. These facts need to be facts that are within your own knowledge. The affidavit must be signed by you (the deponent) before a qualified witness (usually a Justice of the Peace, solicitor or barrister).

The Magistrates Court will only accept affidavits that are written following the rules of the court, and this kit has been prepared to help make sure your affidavit follows those rules.

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