By Danielle Borg, Associate 

Superannuation is often a large asset in many family law matters and it used to be difficult for parties to obtain details of their former partner’s superannuation entitlements without this information being disclosed by them directly. The Government has now improved the visibility of superannuation assets in family law proceedings, which will make it difficult for parties to hide their entitlements.

From 1 April 2022, parties can apply to the Federal Circuit and Family Court of Australia (“the FCFCOA”) to request the other party’s information. This information is held and collected by the Australian Taxation Office. This process will assist parties with obtaining up-to-date information on their former partner’s interests. Family law property proceedings will need to have been instituted in the FCFCOA in order to obtain this information. Once a request has been placed through the Court’s portal, it should only take up to seven days for a response from the Australian Taxation Office to be received by the Court and made available to the parties and their legal representatives.

It is increasingly common in family law matters for orders to be made for a party to split and transfer their superannuation entitlements to the other, making it extremely important for parties to find out their former partner’s entitlements.

If you wish to seek advice in relation to finding your former partner’s superannuation, or your family law matter generally, please do not hesitate to contact Danielle Borg on 02 8289 5800 or email [email protected].