Superannuation Visibility in the Family Court : An Update

As of 1 April 2022, parties to property settlement proceedings in the Family Court of Western Australia (‘FCWA’) and the Federal Circuit and Family Court of Australia (‘FCFCoA) can apply to the relevant Court to have their former spouse’s superannuation information released, and which is held by the Australian Taxation Office.

This is a simple request process, which does not incur a fee and the request can be lodged via the online Portal for each of the FCWA and FCFCoA. The turnaround time for the release of the requested superannuation information can be as little as two (2) days. Further, the information that is provided is ordinarily the most recently reported member balance of the individual about which the superannuation request is made.  A word of caution, however, to those making such a request in early July, and that is because the information provided by the Superannuation Funds to the ATO can sometimes be delayed, and some Funds may not report the end of financial year balances of their Members for some weeks or months, after the financial year end.

Previously, if superannuation information was not voluntarily disclosed by a party, the other party was required to seek the production of that information by way of an Information Request Form, and akin to a subpoena.

The new process:

a) provides greater financial transparency to parties who may not have had full and frank disclosure from the other litigant;

b) provides a source of vouching for superannuation information which may already been disclosed; and

c) ensures information about what is often a significant financial resource is known (or vouched) at an early stage, and which can assist individuals in brokering a settlement as soon as practicable”.

Please contact Kerr Fels on (08) 6381 9080 to make an appointment for specific advice about your situation.

The information in this article is of a general nature and should not be relied upon for your family law matter.

About KERR FELS – Divorce and Family Lawyers

Kerr Fels is a boutique law firm practising exclusively in family and divorce law. We offer experience in settling complex financial matters arising from separation involving business entities, trusts and large asset pools, in addition to negotiating simple divorces. We are conveniently located in the Perth CBD.

Our philosophy is to provide client-focused cost effective, efficient and pragmatic legal advice.  

Don’t hesitate to contact us if you need advice about any aspect of separation or divorce.

We are open Monday to Friday from 8.30am until 5.00pm.

We offer the option of video conference meetings for those who are unable to attend in-person appointments.