Improving the visibility of superannuation assets in family law proceedings

Parliament passed the Treasury Laws Amendment (2021 Measures No.6) Act 2021 on 2 September 2021.

Schedule 5 of the Act implements the 'Improving the visibility of superannuation assets in family law proceedings' measure. The Australian Government announced this measure as part of the 2018 Women's Economic Security Statement. It commences on 1 April 2022.

From 1 April 2022, parties to family law property proceedings will be able to apply to the Federal Circuit and Family Court of Australia or the Family Court of Western Australia to request their former partner's superannuation information, held by the Australian Taxation Office.

Parties will then be able to use this information to seek up-to-date superannuation information from their former partner's superannuation fund.

Separating de facto couples in Western Australia will only be able to apply for this information once the Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 commences, or from 1 April 2022, whichever is later.