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Military Superannuation Consent Orders

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Military Superannuation in Consent Orders – Splitting

Kate Austin Family Lawyers has extensive experience in the implementation of Defined Benefit Military Superannuation splitting for Military Superannuation Consent Orders.

With over 20 years’ experience in dealing with the Commonwealth Superannuation Corporation and hundreds of matters involving splitting superannuation benefits for serving and previous members of the Australian Defense Forces.

Military Superannuation Consent Orders can be drafted with 24hrs at your direction and we provide an instant quote.

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Our service suits current ADF members as we provide a remote service this means we do not require face to face contact with our clients. We assist serving members not only throughout Australia but internationally as well. Military Superannuation Consent Orders are a specialised service that Kate Austin Has a unique skill set in

As part of our Consent Order process we complete Defined Benefit Superannuation splitting orders on behalf of clients. This service includes:

Military Superannuation Consent Orders
  • Advising if your fund is defined benefit or not
  • If required requesting a form 6
  • Valuation of your benefit
  • Approval from Military Super for your consent Orders
  • Forwarding approval to that Family Court with your signed Consent Orders.
  • Forwarding sealed Consent Orders to Military Super.
  • Providing you with a regulation 72 form for you to complete.

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The Process involved in obtaining a Defined Benefit superannuation splitting order.

Once you have reached an agreement for your partner in relation to splitting your Defined Benefit Superannuation fund we will complete the following steps.

Step 1 – Request a form 6 to calculate your benefits at an agreed date.

This requires writing to Military Super completing the correct application form and making the appropriate payment for the service.

Step 2 – Obtain a valuation from our preferred actuary for the correct valuation of your fund.

This is completed under the rules outlined in Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003 (Volume 2) Actuarial Methodology & Factors. This sound complicated however the actuary’s complete this task inn about 48Hrs. There will be a fee associated with this task.

Step 3 – Write to Military Superannuation with the proposed Consent Orders seeking a Superannuation Splitting Order.

We have standard order that we use to simplify this process and are know n to be approved by the Commonwealth Superannuation Corporation (CSC).

Step 4 – Provide signed Consent Orders to the Family Court with approval letters from the CSC.

Step 5 – Once the Consent Orders are approved by the Family Court we serve a copy on the CSC to implement the Consent Order

Military Superannuation can be contacted Military Superannuation can be contacted here.

Talk to a Family Lawyer Who Understands Your Situation

If this has given you a reason to rethink your decision not to formalise your agreement, take the next step and give us a call. We can talk you through the process, confirm the price, and get you started. If you’d like more information about our fixed fees, just click on the button below.

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Who Can we assist for Military Superannuation Consent Orders

Any member of Military Superannuation and Benefits Scheme (Military Super), whether a contributor, pensioner or preserved benefit member, who requires Consent Orders and

Consent Orders with Military Superannuation
  • Is in the process of divorcing or separating from a marriage
  • Is in the process of separating from a de facto relationship
  • Intends to enter into a superannuation agreement with a person.
  • A spouse of a Military Super member, who is in the process of divorcing, or separating from, the member.
  • A person in a de facto relationship with a member, who is in the process of separating from the member.

FAQs on Military Superannuation Consent Orders

  • Can I request information for the purpose of a pre–nuptial agreement?
  • Can I split superannuation with my de facto partner if our relationship breaks down?
  • What is my preservation age?
  • Is a lump sum payable to an associate a Superannuation Lump Sum Payment for tax purposes?
  • Is an associate pension subject to Pay As You Go (PAYG) income tax?
  • Can an associate make contributions to Military Super? Can an associate pay money from another superannuation fund into Military Super?
  • Can the member spouse’s reduced entitlement be split again under another family law split?
  • Can the associate’s entitlement also be split under another family law split?

Can I request information for the purpose of a pre–nuptial agreement?

Yes. A member, or any person planning to marry or enter a de facto relationship with a Military Super member, may request information for the purposes of entering into a pre-nuptial agreement. Kate Austin Family lawyers suggest that you contact us to discuss your situation before you decide to enter into a pre-nuptial agreement.

Can I split superannuation with my de facto partner if our relationship breaks down?

Yes. If you are not legally married, not related by family and meet the requirements for a de facto relationship under the Family Law Act 1975, then you may obtain a court order or enter into a superannuation agreement upon the breakdown of your relationship.

Requirements for a de facto relationship

From 1 March 2009 the Family Law Act 1975 was amended to allow same-sex and opposite-sex de facto partners access to the Family Law courts in regard to superannuation splitting upon separation. A de facto relationship is defined under section 4AA of the Family Law Act 1975 which provides that a person is in a de facto relationship with another person if:

  • the persons are not legally married to each other
  • the persons are not related by family
  • having regard to all circumstances of their relationship, they have a relationship

as a couple living together on a genuine domestic basis.

What is my preservation age?

The current superannuation laws place a restriction on when you can access to your lump sum benefits. Preservation age is one of these restrictions relates to you reaching your ‘preservation age’ and is in addition to some other restrictions on withdrawing your benefit.

Unit you reach your preservation age you are generally not able to access your lump sum.

Date of birth Preservation age
Before 1 July 1960 55 Years
1 July 1960 – 30 June 1961      56 Years
1 July 1961 – 30 June 1962      57 Years
1 July 1962 – 30 June 1963      58 Years
1 July 1963 – 30 June 1964      59 Year

After 30 June 1964 60 Years

Is a lump sum payable to an associate a Superannuation Lump Sum Payment for tax purposes?

Yes they are. All Growth phase lump sums are treated as Superannuation Lump Sum Payments and taxed as such. Please obtain independent taxation advice as to how this may affect your situation

Is an associate pension subject to Pay As You Go (PAYG) income tax?

Yes. Associate pensions are subject to Pay As You Go PAYG tax, pensions are subject to relevant taxation laws an we always recommend independent taxation advice.

Can an associate make contributions to Military Super?

No. The associate cannot make contributions to Military Super.

Can an associate pay money from another superannuation fund into Military Super?

No. The associate cannot pay in a transfer amount.

Can the member spouse’s reduced entitlement be split again under another family law split?

Yes. The member spouse’s reduced entitlement can be split again under another family law court order or superannuation agreement under Part VIIIB or Part VIIIAB of the Family Law Act 1975 at some time in the future.

Associations of Which We’re a Part

As experienced family lawyers, we’re also a member of Australia’s leading law associations.

Queensland Law society
nsw law society accredited
qld law society accredited
Family law section law council of Australia - Kate Austin Family Lawyers
Family Law Practitioners Association - Kate Austin Family Law

Common terms used within Military Superannuation

Associate

A person to whom an associate benefit is payable and is the term used to describe the non-member spouse with an entitlement to Military Super benefits following a family law split.

Associate A benefit

The entitlement of an associate in Military Super as a result of the split of a member’s benefit that is in growth phase under a court order or superannuation agreement under Part VIIIB or Part VIIIAB of the Family Law Act 1975. An associate A benefit comprises member and employer taxed components of the transfer amount and any member untaxed component of the transfer amount.

Associate B benefit

The entitlement of an associate in Military Super as a result of the split of a member’s benefit that is in growth phase under a court order or superannuation agreement under Part VIIIB or Part VIIIAB of the Family Law Act 1975. An associate B benefit comprises employer untaxed component of the transfer amount.

Associate pension

The associate entitlement in Military Super as a result of the split of a member’s benefit in payment phase under a court order or superannuation agreement under Part VIIIB or Part VIIIAB of the Family Law Act 1975.

Base amount

A dollar figure set out in a court order or superannuation agreement that is allocated to the non-member spouse from the member spouse’s superannuation entitlement.

Court order

An order issued by a court with family law jurisdiction, such as the Family Court or the Federal Magistrates Court. A court order can be obtained by consent if the parties agree.

De facto relationship

Is defined under section 4AA of the Family Law Act 1975 which provides that a person is in a de facto relationship with another person if:

  • the persons are not legally married to each other
  • the persons are not related by family
  • having regard to all circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis. A de facto relationship can exist even if one of the persons is legally married to someone else, or in another de facto relationship.

Employer taxed component of a Military Super transfer amount

An amount based on the member’s productivity benefit.

Employer untaxed component of a Military Super transfer amount

That part of the employer benefit that is not taxed—e.g. an amount based on a former DFRDB member’s untaxed productivity and employer benefit.

Family law value

The value of the person’s super under the Family Law (Superannuation) Regulations 2001 (using the scheme specific factors and methodology approved by the Attorney General in the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003 Volume 2).

Growth phase

The situation where the member spouse is a contributor or is a person to whom a
preserved benefit applies.

Member spouse

The party whose superannuation entitlement is being split under a family law splitting order or superannuation agreement under Part VIIIB or Part VIIIAB of the Family Law Act 1975.

Member taxed component of a Military Super transfer amount

An amount based on the member’s contributions and interest.

Member untaxed component of a Military Super transfer amount

An amount based on the contributions made by the member to DFRDB prior to making an election to transfer to Military Super.

Non-member spouse

The other party to the family law splitting order or superannuation agreement under Part VIIIB or Part VIIIAB of the Family Law Act 1975.

Operative time

The date of effect of the split—this is the date specified in a court order; or 4 business days after a superannuation agreement is served on a Trustee.

Payment phase

The situation where the member spouse is in receipt of a pension from Military Super.

Scheme value

The value of the person’s super using factors and methodology determined by an actuary based on the most recent long-term cost report.

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Kate Austin Law

Office Location

Kate Austin Family Lawyers

Brisbane office:
Level 54, 111 Eagle Street
Brisbane, QLD 4000

Sydney office:
Level 36, 1 Farrer Pl
Sydney, NSW 2000

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Suite 805 , Level 8, 220 Collins Street
Melbourne, VIC 3000

Postal address
Brisbane office:
Level 54, 111 Eagle Street
Brisbane, QLD 4000

Our Office Hours

Monday – Friday: 9:00 am – 5:00 pm
Brisbane Phone: (07) 3128 0222
Sydney Phone: (02) 9063 0455
Melbourne Phone: (03) 9116 5728

Google Rating
4.9
Kate Austin Family Lawyers
Kate Austin Family Lawyers
4.9
Joanne Summers
Joanne Summers
08:25 23 Jul 18
The process of writing consent orders was made very simple by your knowledge and professionalism. Jessica was easy to talk with from my initial telephone call and easy to communicate with by email thereafter. Her manner was reassuring and considerate and she had the knowledge required to answer my questions. The fixed cost made budgeting easy and affordable. I have already recommended your company to a friend and will do so again in the futureread more
Kylie Gilbert
Kylie Gilbert
05:31 13 Jul 18
I can highly recommend the team at Kate Austin Family Lawyers. They prepared Consent Orders and also organised the property transfers. From beginning to end everyone has been very friendly, professional and helpful and the whole process has been extremely stress free. The fees definitely did not break the bank and worth every $ to know that the process is done properly the first time. Jessica in particular has been very reassuring to me and it's been greatly appreciated. Thank you Kate Austin Lawyers!read more
Gail Keogh
Gail Keogh
11:08 24 Jul 18
I highly recommend Kate Austin Family Lawyers. Jessica was fantastic! Jessica explained the whole process, answered all our questions and made things easy during a tough time. Jessica was professional and understanding of our requirements. The process was simple and completed in timely fashion. Thanks Jessica, Brendan and team.read more
Christie Gulley
Christie Gulley
09:23 17 Jul 18
Handelled my consent orders and property transfer efficiently and were always prompt with communication. About time there was a firm that you can trust to have your best interests in mind the whole time 😁 thanks Rachel, Brendan and teamread more
Blair Wright
Blair Wright
21:33 23 Jul 18
Rachel and her team are fantastic to deal with and made this difficult time very easy to go through. Thank you once again for all your help and I would recommend them to everyone.read more
Antonietta Avgousti
Antonietta Avgousti
00:06 10 Jan 19
Kate Austin Family Lawyers have been nothing short of amazing! From the minute I spoke to Brendan when I made that initial enquiry, I knew I had stumbled across something great (just by surfing the web).. The patience and compassion he and Rachel showed me in dealing with my case was very much appreciated. Thank you both so much for making this daunting process as smooth and as easy as possible.read more
Earth Angel
Earth Angel
04:57 29 Jan 19
At such a stressful time, Kate Austin Lawyers made my life so much easier. They worked efficiently and were so very paitient. They were clear, communicated perfectly and kind people from the first phone call. The one time cost was well worth their services. I highly recommend this Law Firm to everyone.read more
David Westbury
David Westbury
01:49 21 Dec 18
Firstly, a huge Thank you to the team Rachel, Tori & Brendan, at Kate Austin Family Lawyers.Family law problems are not an everyday event and when mine happened it was daunting to say the least.However from my first conversation, right through to the end of processing my Consent Orders & Property Transfers, the Team at Kate Austin Family Lawyers were friendly, timely, and they communicated with me on a level I understood. Overall an extremely professional company that made the whole process stress free.Going forward I wouldn't hesitate to use them again and highly recommend their services.Thanks again Team, I wish you all a very Merry Xmas and a Happy New Year.I will be having one thanks to all your hard work.D Westburyread more
Peet Gorman
Peet Gorman
23:39 18 Dec 18
I am really happy with Kate Austin Family Lawyer. All staff member are professional and informative. My property settlement consent order was approved by court within a week which was very impressive. Brendan, Rachel and Tori were helpful. Everything I asked for was acted in time. I would recommend anyone to contact Kate Austin Family Lawyer for their family matters.read more
DS Martin
DS Martin
04:13 12 Nov 18
Friendly, efficient and caring service. They make the process of Consent orders and property settlement as painless as possible for all concerned. I would highly recommend Kate Austin's Team to listen and expedite this for you. Tori was really friendly and took the time to understand our situation and to progress it as fast as possible. Thanks Tori, Brendan and Rachel.read more
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