The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.S.416 Superannuation agreement

Definition

A superannuation agreement is a type of financial agreement (which is an agreement entered into under the new Family Law Act 1975 Pt VIIIA). This agreement can be entered into before, during or after marriage. The agreement must be in writing. Each spouse must obtain independent legal advice and have an independent lawyer certify that the advice has been given. Financial agreements are the only binding method by which parties can finalise alteration of property interests without going to court to obtain court orders.

A superannuation agreement will normally be part of a financial agreement but can be a stand alone superannuation agreement. It has all the formal requirements of a financial agreement, including the need to obtain independent legal advice and have a lawyer sign a certificate that the advice was given.

Last reviewed: 1 July 2016

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