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Property Division in Family Law

How are property division matters handled and is superannuation included?

When it comes to a breakdown of a relationship and the subsequent division of property that follows, the Family Law Act 1975 (Cth) (“FLA”) enables the Court to make a property division order. The Court currently uses a ‘3-4 step’ process when dealing with the distribution of property. A common question that our clients have is whether superannuation is included in the property pool. Superannuation is definitely included in the property pool, though some parties may be content for each party to retain their own superannuation interests.