top of page

Consent Order Lawyers

What is the Time Limit for Claiming Your Ex-Partner's Superannuation?

The Family Court follows a 4 step process when determining what orders to make for the division of property following the breakdown of the marriage or de facto relationship.

Firstly, the court will make findings about the identity and value of the assets, liabilities, financial resources and superannuation of you and your spouse held jointly, individually, jointly with another person or through trusts or corporations.

Secondly, the court will assess the contributions made by each of the parties to the relationship including:

  • financial contributions made by each of you or on your behalf. These include initial contributions at the start of cohabitation and contributions made during the relationship and after separation.

  • non-financial contributions made by each of you or on your behalf. This includes contributions such as home renovations, homemaking and caring for children.

The court may allocate a preliminary dollar or percentage value to the property based on contributions only.

Thirdly, the court will consider the parties’ future needs and resources and whether an adjustment should be made because one of you has greater needs than the other. Some of the factors that the court may consider include:

  • the age and health of each of you

  • whether one of you has the care of the children

  • your respective incomes

  • ability to support yourselves

  • your respective superannuation entitlements

  • the assets and financial resources of each of you.

An adjustment can be made to the party who has greater future needs.

Fourthly, the court will consider the findings in steps 1 to 3 and make orders that are just and equitable in the circumstances of your case.

Superannuation is treated as property in family law proceedings and the same 4 step process applies to superannuation.

There is no minimum time period before you can file an application for property division in the Family Court after you have separated.

A maximum time limit applies for the division of property including superannuation – an application for property settlement must be filed at the Family Court within 12 months from the grant of the divorce order which usually occurs 1 month and 1 day after the divorce hearing or within two years from the date of separation for de-facto couples.


bottom of page