31/05/2026
One of the most common things we hear from clients during a property settlement is:
"We've agreed to keep my superannuation out of things."
While that may sound like a simple solution, it can lead to an unfair outcome.
In Australia, superannuation is considered property for the purposes of a family law property settlement. In many relationships, particularly long-term relationships, super can be one of the most valuable assets accumulated during the relationship.
Simply agreeing that each party will keep their own super without first understanding its value can be risky. For example, one party may have a substantial super balance while the other has spent years out of the workforce raising children or supporting the family. Ignoring super in these circumstances can significantly affect the overall fairness of the settlement.
The Court looks at the entire asset pool, including superannuation, when determining whether a property settlement is just and equitable. Even if parties reach an agreement, it's important to understand what rights may be given up by excluding super from negotiations.
Before agreeing to "leave super out of it," obtain advice about your entitlements and the impact it may have on your overall settlement.
Getting the right advice early is crucial to achieving a fair property division.
LMC Lawyers Family Law Advice You Can Trust📞 (02) 4044 0556
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