Superannuation splitting order workflow
Splitting super is a creature of Part VIIIB — miss procedural fairness on the trustee, use the wrong valuation method, or mismatch the payment type to the interest and the order will not be workable. This workflow keeps the procedural and substantive steps in order.
This is an 8-step workflow for obtaining a superannuation splitting order under Part VIIIB of the Family Law Act 1975 (Cth). It runs from Form 6 information request through procedural fairness on the trustee to sealed orders and the splitting payment or interest flag.
Before you start
- Identification of all superannuation interests of both parties
- Form 6 information request served on each trustee
- Client instructions on split mechanism (base amount vs percentage)
- Signed costs agreement and conflict check complete
The workflow
Issue Form 6 to each trustee
Serve a Form 6 superannuation information request on the trustee of each fund to obtain the Family Law Value, accumulation or defined benefit status, and any preservation notes.
Value each interest by the correct method
Apply the prescribed method — accumulation phase, defined benefit growth phase, or defined benefit payment phase — and, where necessary, instruct an actuary for a complex defined benefit interest.
Decide on payment split vs interest flag
Decide whether to use a payment split (base amount or percentage of each splittable payment) or an interest flag. Match the structure to the type of fund and whether splitting is immediately possible.
Draft the orders with trustee-friendly wording
Draft orders using wording that matches the trustee's own template where available. Include the operative time, base amount or percentage, and any releases from further claims.
Give procedural fairness to the trustee
Serve the draft orders on the trustee and invite comment within a reasonable period. The trustee is a person whose interests are affected and must be accorded procedural fairness before orders are made.
Incorporate trustee comments and finalise
Adjust the orders to reflect any legitimate trustee comments on wording, operative time, or administrative process. Record any disagreement for the Court.
File for sealed consent orders or proceed to hearing
File the application for consent orders with the FCFCOA, or if contested, set the matter down for hearing. Include the section 60I certificate if parenting is also in issue.
Serve sealed orders on the trustee and confirm action
On sealing, serve the orders on the trustee and confirm the payment split has been flagged, the base amount or percentage recorded, and the non-member spouse's interest established.
What you will have at the end
A sealed superannuation splitting order under Part VIIIB recorded by the trustee, creating either a new interest for the non-member spouse or an obligation to pay on each splittable payment.
Common issues
- Procedural fairness to trustee missed, leading to refusal to implement
- Base amount used on a defined benefit interest without actuarial support
- Operative time mismatched to the trustee's processing cycle
- SMSF trustee and member relationships not addressed in the orders
- Interest flag used where the parties actually wanted an immediate split
Run this workflow on a real matter
Quillio drafts the Form 6 pack, generates trustee-compliant splitting orders, and produces the procedural fairness correspondence. See /practice-areas/family-lawyers or start a free trial at /free-trial.
General guide only — not legal advice. Confirm current Family Law (Superannuation) Regulations, trustee requirements, and any SMSF-specific considerations.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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