When a long relationship ended, our client had only a small amount of superannuation. Their former partner had far more.
An early agreement to divide their assets fell through, and our client needed the matter resolved quickly.
Here’s how it was sorted without a single court hearing, and what it means if you’re in a similar position.
The challenge
Super balances between partners can end up a long way apart, especially when one person has spent years in lower-paid or part-time work.
That was the case here. Negotiations had stalled, and our client couldn’t afford a long, drawn-out dispute.
How our platform kept it moving
The ezylegal platform helped their lawyer move faster than a traditional firm usually can:
- Evidence organised quickly. Financial records were uploaded, sorted and cross-checked, so the lawyer spent less time on paperwork.
- Less admin, more progress. Our AI assistant, Rachel, helped with routine correspondence and organising the financial details.
- Nothing left sitting. Every step - negotiations, notices to the super funds and court filings - was tracked so the matter kept moving.
The outcome
The court made consent orders securing a six-figure superannuation split for our client. No court hearing was needed.
What you should know about splitting super
Super counts as property. When a relationship ends, super is generally treated as part of the asset pool that can be divided between you, whether you were married or in a de facto relationship.
It doesn’t have to go to court. If you and your former partner can reach an agreement, it can be made legally binding through consent orders. The court approves them without either of you having to appear at a hearing.
A split usually stays in super. Normally the money moves from one person’s fund to the other’s and stays there until retirement. It can only be paid out early in limited circumstances, such as certain medical or severe financial hardship grounds.
There are time limits. Married couples generally have 12 months from their divorce becoming final to apply for property orders. De facto couples generally have two years from separation. Leave it too late and you may need the court’s permission.
A verbal agreement isn’t enough. An agreement can fall through at any point. Until it’s formalised, it isn’t secure.
Left behind on super after a separation?
Many people finish a long relationship with far less super than their former partner, after years of part-time work, lower-paid roles or time out to raise a family.
If that sounds familiar, you may be entitled to a share of your former partner’s super.
Rachel can take you through your situation in about five minutes and connect you with a lawyer at an ezylegal-network firm.