HomeMusingDivorce, consent orders, and superannuation splits: getting the wording correct


Divorce, consent orders, and superannuation splits: getting the wording correct — 8 Comments

  1. Just wanted to say thank you for this post and the example points for the consent orders.

    After my first attempt being rejected by the Family Court in Canberra, I re-filed using your examples. It was accepted without issue the second time around.

    Thanks again for the excellent example of what needs to be included in the consent orders.

  2. Thanks Angela.

    I also have an update on the super transfer: My ex asked me to arrange the super transfer to her account.

    But since I’m quite busy, I just left it on the “to do” list.

    Three days ago, I got a letter from the super fund, to say that according to the consent order, they have transferred the funds.

    So its taken them about 5 months to act on the transfer… But at this stage I don’t know if they did it willingly, or if my ex contacted them to request the transfer.

  3. Hi Luigi, Thanks for the info! Are you able to post the wording of this 30-day notice letter to Australian Super fund? It just happens I’m doing it myself and my fund is the same.


  4. Hi Sergey,

    You can’t just use some wording.

    You MUST complete the Form 6 Declaration supplied by your super fund & pay the appropriate fee.

    The Form 6 documentation will probably ask you to provide the full consent order to the super fund

    If you are not sure, call them & they will point you in the right direction.

    I just find it weird that the super fund insists on getting the WHOLE consent order, even though they are only interested in a small part… and they want it 30 days before you file it in court.

  5. Hi Sergey

    My ex and I are going through the same thing with the difference being we sold the house prior to the divorce. We both have super accounts with Statewide in SA and they told us to do a form 6 then i got a letter advising they couldnt give me the information because i didnt pay them the fee which they didnt tell me about. The part that had me was the letter stated that if he requested the information it would be free, I rang and said we both have accounts we both want the information and we are both happy to give each other a copy of our statements do we need to still do a form 6 and I was told NO. So after being given the stuff about for 3 months I dont need the form just the statement. We have split all property before the divorce so does the order need to state that?

  6. Hi Jodie,

    As far as I know, you must always pay a fee to get the super statement. If you plan to split the super, then there is no avoiding this. I had to pay to get my own super info for the form 6…

    And yes (again, i’m not a lawyer, but as far as I know): you do need to state EVERYTHING that has been split (saying something like: the house & contents of 1 Air Road, should be sufficient). Anything that isn’t mentioned can be dragged up before the courts YEARS later… so get it right up front.

  7. Hi I have recently been told that I could have received half of my ex husbands superannuation, I have been Divorce for 5 years . It was something we both agreed on and our children were over 18 we had no assets as in house or Significant money . My ex now has bought a new house and is doing well with work. I am on a disability pension living with my elderly father. I am only 48 and will not be able to work due to my disability The future doesn’t look good .any advice would be greatly appreciated . Thank you

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