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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 specialist
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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