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  • Visibility of superannuation laws are changing

    From 1 April 2022, the Visibility of Superannuation law allows a party to a permitted family law proceeding to request superannuation information through the Federal Circuit and Family Court of Australia (FCFCoA) or Family Court of Western Australia (FCWA) (“Courts”). The Commissioner can disclose super information that the ATO holds to the Courts, who then provide the information to all parties in a proceeding.

    Individuals or their legal representative can apply directly to the Courts for visibility of super information of a current or former spouse/de facto partner. To be eligible, individuals must be in a permitted family law proceeding in either of the Courts to make an application.

    Superannuation may represent a significant asset and can make up a large portion of the overall asset pool in separation proceedings. Sharing information with the Courts will enable parties in permitted family law proceedings to have better visibility over super assets at the end of a relationship and is expected to result in faster and fairer property settlements.

    There are no changes to any existing practices currently in place for individuals to gain super information directly from super funds. This new process will increase transparency and visibility where there are concerns that the other party has not fully disclosed all super assets.

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      Last modified: 25 Mar 2022QC 68234