Defined Benefit Superannuation.
Fixed Fee Consent Orders
We only assist amicable parties
- We are a non-conflict Family Law Firm
- We assit both parties as we are neutral
- Applications completed in 24Hrs
- Our Fees are fixed - Always
- We manage the Family Court portal on your behalf.
How Kate Austin Family Lawyers Assist with Consent Orders and Defined Benefit Superannuation
Formalising a property settlement is one of the most significant financial steps you will take after a separation. When that settlement involves a Defined Benefit Superannuation fund, the stakes are even higher. Unlike standard accumulation funds, defined benefit interests are complex, formula-based assets that the Court scrutinises heavily.
At Kate Austin Family Law, we specialise exclusively in helping amicable couples formalise their agreements through Consent Orders. We provide a fast, fixed-fee service designed to take the stress and high costs out of the legal process.
Important Points about Kate Austin Family Lawyers
- We do not negotiate between parties, We don't take sides. We are a neutral Party
- If there is a dispute between the parties, we will not get involved. We love amicable clients
- Our fees are always fixed before we start your matter. Instant Quote
- Once we have submitted your intake forms information we will draft your Consent Orders in 24Hrs
- We will give a general opinion on your agreement, "Is it Just and Equitable"
- Our service is all remote, so your location in Adelaide or the world does not really matter
- If we don't think your matter will be approved by the Family Court, we will tell you before we start
The Process: How We Formalise Your Split
- The Process: How We Formalise Your Defined Benefit Superannuation
At Kate Austin Family Law, we have refined the process of splitting defined benefit superannuation into a clear, efficient path:
- Information Gathering: We assist you in identifying if a Form 6 is required and which information needs to be requested from the fund.
- Actuarial Valuation: If your fund is a defined benefit scheme, we help coordinate an actuarial report to determine the true Family Law Value.
- Drafting the Orders: We draft the Application for Consent Orders and the Minute of Order.7 These documents must use precise “superannuation splitting clauses” that the Court and the Fund will accept.
- Procedural Fairness: This is a critical legal requirement. We send the draft orders to the superannuation fund trustee, giving them 28 days to review the wording. This ensures the fund is physically able to implement the split once the Court approves it.
- Filing & Approval: We file the documents electronically with the Federal Circuit and Family Court of Australia.
- Implementation: Once the Court seals the orders, we provide you with the certified copy to serve on the fund, triggering the actual transfer of funds.
Why people use Kate Austin Family Lawyers for Defined Benefit Superannuation.
- Our "24-Hour Turnaround" Promise
Most law firms take weeks (or even months) to draft documents. In that time, amicable agreements can sour, and tensions can rise.
- Speed as a Priority: Once we have your instructions, we aim to have your draft documents ready within 24 hours.
- Maintaining Momentum: We help you strike while the iron is hot, ensuring your settlement is filed and finalised before life gets in the way.
- Technical Mastery of Defined Benefit Super
If your settlement involves a Defined Benefit Superannuation Fund (like PSS, CSS, Military Super, or UniSuper), you cannot afford an amateur. These funds are legal minefields that require specific actuarial valuations and precise “Family Law” wording.
- Specialist Knowledge: We are experts in the Family Law (Superannuation) Regulations. We know how to navigate Form 6 requirements and procedural fairness letters.
- Accuracy: We ensure your super split is drafted so that the fund must implement it, preventing the Court from rejecting your orders.
- We are Specialists, Not Generalists
Kate Austin Family Lawyers is a boutique firm focused entirely on Consent Orders. We don’t do litigation, and we don’t do “messy” court battles.
- Focus on Amicable Solutions: We are the bridge between your agreement and a legally binding Court Order.
- Accredited Expertise: Our team includes Accredited Specialists in Family Law, meaning you have the highest level of recognized expertise in Australia working on your file.
- A 100% Online, Stress-Free Process
You don’t need to take time off work to sit in a stuffy law office. We have built our firm to be modern, digital, and accessible.
- Australia-Wide Service : Whether you are in Sydney, Perth, or a rural town, we provide the same seamless service via phone and email.
- Simple & Secure: Our onboarding process is designed to be user-friendly, guiding you through the information we need without the legal jargon.
What Do You Need Help With?
Whatever stage of life you’re passing through, we can document and finalise a legal arrangement to help you find certainty.
Common Questions About Consent Orders & Defined Benefit Super
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"Can I get the super as cash now?"
Generally, no. A superannuation split moves funds from one person's super account to the other's.11 The money remains "preserved" and cannot be accessed until you reach your own preservation age or meet another condition of release.
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"Does the Court always approve the agreement?"
The Court will only approve Consent Orders if they believe the overall settlement is "just and equitable." If one party is giving up a massive defined benefit pension for a small amount of cash, the Court may "requisition" (question) the orders. Our role is to ensure the application clearly explains why the split is fair.
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"What if the member is already retired and getting a pension?"
We can still split the interest.12 This is known as a pension split. The fund will be ordered to pay a portion of each fortnightly pension payment directly to the former spouse.
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Why You Need an Actuary for Defined Benefit Splits
Most Australians are familiar with accumulation funds, where your balance is simply the sum of contributions and investment earnings. However, many long-term employees in the public sector, military, or large corporate entities hold defined benefit interests.
A defined benefit fund does not have a "balance" in the traditional sense. Instead, your retirement benefit is calculated using a specific formula, usually involving:
- Years of service with the employer.
- Final average salary (usually over the last 3 or 5 years).
- A multiplier or growth factor set by the fund’s rules.
Because these funds often provide a guaranteed lifetime pension, their "Family Law Value" is frequently much higher than the "resignation" or "withdrawal" value shown on a member statement. This makes them a high-value asset that must be handled with precision during a property split.
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What is a Form 6?
The Form 6 (formally the Declaration by applicant for information about a superannuation interest) is the legal starting point for any super split.4
Under the Family Law Act 1975, you (or your spouse) are entitled to request information about a superannuation account for the purposes of a property settlement.5 The Form 6 is a declaration you sign to prove you are an "eligible person" to receive this data.6
Once the fund receives the Form 6, they provide a Superannuation Information Form (SIF). This document contains the technical "multipliers" and "service periods" that an actuary needs to perform a formal valuation. You cannot get an accurate valuation without the data provided via the Form 6 process.
General posts on Defined Benefit Superannuation
Splitting military Superannuation
What are the types of Military Superannuation
Significant Defined Benefit Superannuation Funds in Australia that we work with.
Many Australians hold defined benefit interests without realising the complexity involved in splitting them. Common funds include:
Fund Name | Sector | Common Issues |
PSS & CSS | Extremely complex formulas; high pension values. | |
Australian Defence Force | Contains both defined benefit and accumulation components. | |
Australian Defence Force | Pension-only schemes that require specific “percentage” split wording. | |
UniSuper (DBD) | Higher Education | Often includes “pension-like” components for long-term staff. |
State Super (SASS/SSS) | NSW State Government | Subject to specific state-based valuation rules. |
VIC Emergency Services | High-value schemes for police and emergency workers. |
Seven less common questions about Defined benefit Superannuation
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 Defined Benefit 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.
Posts on Defined Benefit Superannuation
Posts on Defined Benefit Superannuation
How Defined Benefit Superannuation is valued with Consent Orders.
Everything to know about Defined Benefit and Superannuation
Associations of Which We’re Part
Who will you be working with?
Rachel:
Rachel is an Accredited Specialist in Family Law recognised in both Queensland and NSW. Rachel is located in Brisbane
Rachel manages all the legal aspects of your matter
- Looking at all initial information supplied and ensuring compliance with the Family Court
- Drafting application. minute of order, Notice of Risk and superannuation correspondence.
- All Aspects of the Family Court Portal and discussions with the Family Court.
- Assists with any requestions if required.
Brendan:
Brendan will be the first person you speak to about your Consent Orders. Brendan is located in Brisbane
You will have a general discussion about your matter and if it’s mutually suitable for our firm.
- You will discuss our role in the process.
- How would your agreement probably be drafted by Rachel?
- The timing and cost of your Consent Orders.
- The process to move forward
- Collection of all your information to draft your agreement.
Contact Us
Kate Austin Family Lawyers
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Head office:
Level 54, 111 Eagle Street Brisbane QLD 4000 -
Sydney office:
Level 36, 1 Farrer Pl Sydney, NSW 2000 -
Melbourne office:
Suite 805 , Level 8, 220 Collins street Melbourne, VIC 3000 -
Office Hours:
Monday – Friday: 9AM – 5PM
