Protecting Your Super Entitlement After Separation
Superannuation often makes up a significant portion of the property available for distribution between separated spouses. When spouses are reaching retirement age and one makes a threat to unilaterally claim their super, urgent action is required.
In these circumstances, the exposed party may need to urgently apply to the court for an injunction which:
- Prevents the entitled party from accessing their superannuation entitlements; and
- Directs the trustees of the super fund not to make any payments to the entitled party.
In a recent case before the Family Court, the husband was about to turn 60 years of age and would then have been entitled to access his superannuation. There was evidence that the wife’s solicitor had written to the husband and asked for his undertaking not to access his super, which he had not responded to. Although, the husband had been served, he did not appear at the court date.
The parties had agreed to attend a mediation, however the husband’s 60th birthday was prior to the scheduled mediation date. The court therefore made an interim order that the husband be restrained from accessing his super, and that he appear at the upcoming court date to respond to the wife’s application.
It is important to protect marital assets after separation, this includes superannuation entitlements. If you are concerned that your partner may access super before you have reached a property settlement agreement, contact our office on (07) 3221 4300 to make an appointment today. Our initial consultation is of fixed-cost.
