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SUPER ANNUATION OR PENSION AFTER DIVORCE

Edwards Family Lawyers can assist you with property settlement, including but
not limited to pensions, retirement funds and superannuation.

What Happens to my Superannuation or Pension After Divorce/Separation?

When parties separate or divorce, a major consideration will be the division of assets. Many people who seek legal advice on property settlement issues after the breakdown of their relationship or marriage are often unaware that superannuation, retirement or pension funds, whether held in Australia or overseas, could be considered an asset and be subject to Australian splitting Orders or other types of splitting or sharing Orders obtained overseas.

Whether a Court treats a party’s super or pension interest as an asset within the pool of assets to be divided, or merely as a future financial resource of a party, will depend on the specific nature and characteristics of that interest, which can have a significant impact on a party’s Court proceedings or property settlement.

It is therefore imperative that you get the right legal and financial advice about aspects of a superannuation or pension interest you may have. Different considerations apply to interests that are accumulation funds or defined benefit funds; whether they are in the growth phase or pension phase; and the accessibility of those funds as a lump sum, partial lump sum, or as a pension.

Additional complications will arise if your interest is an overseas superannuation or pension fund such as a fund held in the UK. These include looking at the appropriate valuation methods to be applied and the selection of a suitable expert; the treatment of tax in potentially two different countries; the particular rules of the fund; and the laws applicable to the fund in the other country that affect the implementation of any super splitting or pension sharing arrangement; or perhaps canvassing the possibility of transferring the interest (from say the UK) to Australia.

By way of example, careful consideration must be had to obtaining the right expert advice for English and UK citizens and expatriates living in Australia who have English pension funds and the manner in which English or UK pension sharing Orders may be obtained in Australia and implemented in the United Kingdom.

Some US retirement funds allow benefits to be accessed on bases other than in retirement, hardship or death. In that instance, the method of access and the resulting double taxation consequences and existing international treaties between the US and Australia needs careful consideration.

If you have superannuation or pension interests in Australia or overseas and would like further advice, please contact us.

Accredited Family Law Specialist

Members of our senior legal team are accredited Family Law Specialists. In the legal profession an Accredited Specialist is a practising solicitor who has demonstrated specialised competence in a particular area of law and has been conferred Specialist Accreditation by the Law Society under its Specialist Accreditation Scheme. Edwards Family Lawyers is a highly experienced specialist family law firm that has 3 accredited specialists working out of our offices in Sydney CBD and North Sydney.

Our Family Law Services

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Divorce & Separation

Experienced Divorce Lawyers in Sydney

When married couples separate, there is only one ground for the grant of a Divorce Order, and that is the irretrievable breakdown of the marriage. This is established by the parties being separated for a minimum of 12 months prior to Divorce. In some circumstances, parties can be living under the same roof and still be able to establish this ground.

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Property Settlement

Expert property settlement lawyers

Edwards Moloney Family Lawyers can assist you and your spouse/partner to come to an agreement in relation to all financial matters and issues arising from the breakdown of a relationship, including the division of all assets and liabilities, spouse maintenance payments, superannuation splitting orders and child support departure Orders.

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Negotiation & Resolution

Expert negotiation and resolution lawyers

Opportunities for negotiation and settlement exist not only before proceedings are commenced, but also after proceedings have been commenced and right up until the time that the Court finally hears and determines the matter. Parties can settle a matter at any time.

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Parenting & Children

Parenting and Children Family Lawyers

The best interests of the children is the paramount consideration when determining the most appropriate and suitable arrangements for the children after a separation. At Edwards Moloney Family Lawyers, we encourage our clients to participate in the counselling or mediation services available to assist them to reach an agreement with their spouse/former partner

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Mediation Services

Mediation Lawyers

Edwards Moloney Family Lawyers offer Mediation Services to assist parties to engage in effective dispute resolution. Our Principal, Frances Edwards, has extensive experience in negotiating settlements in both parenting and property matters, and is a National Accredited Mediator and member of LEADR and IAMA.

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De Facto

De Facto Lawyers

De Facto couples (including same sex couples) who separate after 1 March 2009 have the same rights as married couples. The rights and obligations of couples upon the breakdown of a Marriage or De Facto relationship are now all governed by the Family Law Act 1975. De Facto couples who separated prior to 1 March 2009 are still covered by the old State legislation

CONTACT US

We are a leading family law firm in Sydney with over 30 years of award-winning experience in matters relating to complex family law matters. We are a full-service family law firm with a rich history of helping clients with complex property settlements, divorce law, divorce negotiations, child custody and mediation services. Our law firm has a strong focus on providing expert specialist advice relating to Family Law following the breakdown of your marriage or de facto relationship.

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We acknowledge the Cammeraygal and Gadigal people being the traditional owners of the land on which we work and their elders past and present.