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If you are seeking an order that imposes an obligation on the Trustee of the superannuation plan you must satisfy the court that the Trustee has been afforded procedural fairness in relation to the making of the order. (c) Where a base amount is allocated then that amount cannot exceed the value of the interest (see Section 90XT(4)). The completed Superannuation Information Form will have sufficient information to allow the value to be calculated in accordance with the regulations.
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Otherwise you must agree an appropriate method of valuing the interest. If the Family Law (Superannuation) Regulations 2001 provide a method for calculating the value then that method must be used. (b) You must calculate and agree the value of the superannuation interest and consider the taxation consequences of the order. (a) You must attach to the application a completed Superannuation Information Form or last two member statements in relation to that superannuation interest. If you are seeking a splitting order in relation to a superannuation interest in accordance with Section 90XT of the Family Law Act 1975: there are special requirements where you are making an application for orders for property settlement and either party has a superannuation interest. This may apply and, if so, you must consent to the Court making the proposed property and maintenance orders and provide affidavit evidence about the hardship that will be caused to the Applicant in the event orders are not made.įor married parties. If you have been in a de facto relationship and you are seeking orders for property settlement or maintenance, and more than 2 years has lapsed since you separated from your de facto partner you should read and consider s205ZB(1) Family Court Act 1997. This may apply and if so, you must consent to the Court making the proposed property and maintenance orders. If you were married and are seeking orders for property settlement or maintenance, and more than 12 months has lapsed since your divorce became final, you should read and consider s44(3) of the Family Law Act 1975. If you are seeking financial orders, you should read and consider sections 75 and 79 of the Family Law Act 1975, or section 205 of the Family Court Act 1997 and section 13A of the Interpretation Act 1984 for de facto relationships.
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Consent orders make your agreement an order of the court without you having to go through the court process. If you have reached an agreement with the other party, you can apply for consent orders.