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Family Law (Superannuation) Regulations 2025
In force
Administered by
Attorney-General's Department
This item is authorised by the following title:
Family Law Act 1975
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F2025C00390 (C01)
01 April 2025
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Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
5 Meaning of component of a superannuation interest
6 Meaning of defined benefit interest
7 Meaning of growth phase—superannuation interests in regulated superannuation funds, approved deposit funds and RSAs
8 Meaning of growth phase—superannuation interests in other eligible superannuation plans
9 Meaning of payment phase
10 Meaning of partially vested accumulation interest
11 Meaning of percentage only interest
12 Meaning of trustee
13 Meaning of unflaggable interest
14 Meaning of unsplittable interest
15 Meaning of lifetime pension etc.
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Part 2—Payments that are not splittable payments: payments of a particular character, or payments after death of member spouse
16 Payments of a particular character that are not splittable payments
17 Payments after death of member spouse that are not splittable payments
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Part 3—Payments that are not splittable payments: payments made in particular circumstances
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Division 1—Preliminary
18 Simplified outline of this Part
19 Meaning of relevant condition of release
Division 2—Circumstances when payments are not splittable payments
20 Circumstances when payments are not splittable payments
Division 3—When the payment relates to a superannuation interest that is not a percentage only interest
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Subdivision A—New interest created, or amount transferred or rolled over or paid, under SIS Regulations or RSA Regulations, in satisfaction of the non member spouse’s entitlement
21 Requirements of this Subdivision
Subdivision B—New interest otherwise created, or amount otherwise transferred or rolled over or paid, by trustee, or separate entitlement arising, in satisfaction of non member spouse’s entitlement under agreement or order
22 Requirements of this Subdivision
23 Main circumstances when this Subdivision applies
24 Other circumstance—public sector superannuation schemes in which a separate entitlement arises for the non member spouse
25 Meaning of value of the non member spouse’s entitlement
Division 4—When the payment relates to a superannuation interest that is a percentage only interest
Subdivision A—New interest created, or amount transferred or rolled over or paid, by trustee, or separate entitlement arising, in satisfaction of non member spouse’s entitlement under agreement or order
26 Requirements of this Subdivision
27 Main circumstances when this Subdivision applies
28 Other circumstance—public sector superannuation schemes in which a separate entitlement arises for the non member spouse
29 Meaning of value of the non member spouse’s entitlement
Subdivision B—New deferred annuity established, or amount transferred or rolled over or paid, by trustee of deferred annuity in satisfaction of non member spouse’s entitlement under agreement or order
30 Requirements of this Subdivision
31 Circumstances when this Subdivision applies
32 Meaning of value of the non member spouse’s entitlement
Subdivision C—New annuity established or amount transferred or rolled over or paid by trustee of a superannuation annuity (other than under Subdivision B) in satisfaction of non member spouse’s entitlement under agreement or order
33 Requirements of this Subdivision
34 Circumstances when this Subdivision applies
35 Meaning of value of the non member spouse’s entitlement
Division 5—When the payment by the member spouse is in satisfaction of the non member spouse’s entitlement under agreement or order
36 Requirements of this Division
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Part 4—Payment splitting or flagging by agreement
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Division 1—Superannuation interest that is not a percentage only interest
37 Application of this Division—agreements specifying a base amount or method for calculating a base amount
38 Entitlement of non member spouse under the agreement—superannuation interest not in existence or in growth phase
39 Entitlement of non member spouse under the agreement—superannuation interest in payment phase
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Division 2—Superannuation interest that is a percentage only interest
40 Application of this Division—agreements specifying a percentage
41 Entitlement of non member spouse under the agreement—splittable payment payable in respect of superannuation interest (other than an interest in a superannuation annuity)
42 Entitlement of non member spouse under the agreement—splittable payment payable in respect of interest in a superannuation annuity
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Part 5—Payment splitting or flagging by court order
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Division 1—Simplified outline
43 Simplified outline of this Part
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Division 2—All superannuation interests
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Subdivision A—Determining the value of the superannuation interest of the member spouse
44 Determining the value of certain superannuation interests of member spouses
45 Determining the value of small superannuation accounts interests of member spouses
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Subdivision B—Calculating the amount the non member spouse is entitled to be paid in respect of certain superannuation interests of the member spouse
46 Entitlement of non member spouse under a splitting order—interests other than percentage only interests and small superannuation accounts interests
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Division 3—Superannuation interest that is a percentage only interest
47 Application of this Division
48 Entitlement of non member spouse under the order—superannuation interest (other than an interest in a superannuation annuity)
49 Entitlement of non member spouse under the order—superannuation interest in a superannuation annuity
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Part 6—Determining the value of certain superannuation interests of member spouses
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Division 1—Determining the value of superannuation interests in the growth phase at the relevant date
50 Simplified outline of this Division
51 Determining the value of superannuation interests in the growth phase at the relevant date
52 Gross value—most defined benefit interests
53 Gross value—accumulation interest (other than a partially vested accumulation interest): more straight forward cases
54 Gross value—accumulation interest (other than a partially vested accumulation interest): other cases
55 Gross value—partially vested accumulation interest
56 Gross value—superannuation interest consists of several components
57 Gross value—the benefit in respect of the superannuation interest is the greater of a defined benefit interest and an accumulation interest (other than a partially vested accumulation interest)
58 Gross value—the benefit in respect of the superannuation interest is the lesser of a defined benefit interest and an accumulation interest (other than a partially vested accumulation interest)
59 Gross value—the superannuation interest is a defined benefit interest, the benefit in respect of which is a defined benefit amount less another amount
60 Gross value—innovative superannuation interest
61 Gross value—percentage only superannuation interest
62 Approval of methods and factors for determining gross value of particular superannuation interests
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Division 2—Determining the value of superannuation interests in the payment phase at the relevant date
63 Simplified outline of this Division
64 Determining the value of superannuation interests in the payment phase at the relevant date
65 Gross value—benefits payable only as one or more lump sums
66 Gross value—benefits paid as pension
67 Gross value—benefits paid as pension and lump sum also payable
68 Gross value—innovative superannuation interests in the payment phase
69 Gross value—percentage only superannuation interests in the payment phase
70 Approval of methods and factors for determining gross value of certain superannuation interests in the payment phase
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Part 7—Entitlement of non member spouse in respect of certain superannuation interests
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Division 1—Preliminary
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Subdivision A—Simplified outline of this Part
71 Simplified outline of this Part
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Subdivision B—Definitions
72 Definitions
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Subdivision C—Adjustments to the base amount for superannuation interests in the growth phase
73 Meaning of adjusted base amount applicable to the non member spouse
74 Applicable adjustment periods—whole of superannuation interest is an accumulation interest
75 Applicable adjustment periods—other superannuation interests
76 Interest rates for adjustment of base amount
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Division 2—Superannuation interest in growth phase at date of service of agreement or date of order
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Subdivision A—Preliminary
77 Simplified outline of this Division
78 Application of this Division
79 Approval of the transition factor, or a method for determining the transition factor, to be used for determining the amount the non member spouse is entitled to be paid
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Subdivision B—First splittable payment that the member spouse or other person is entitled to receive is a lump sum
80 Amount to be paid to non member spouse—first splittable payment payable only as lump sum that is greater than or equal to the adjusted base amount
81 Amount to be paid to non member spouse—first splittable payment payable only as lump sum that is less than adjusted base amount
82 Amount to be paid to non member spouse—optional lump sum from remaining benefits
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Subdivision C—Optional lump sum relating to the whole or part of the adjusted base amount
83 Amount to be paid to non member spouse—optional lump sum relating to the whole of the adjusted base amount
84 Amount to be paid to non member spouse—optional lump sum relating to part of the adjusted base amount
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Subdivision D—No benefit payable only as a lump sum, or first splittable payment is not a lump sum
85 Amount to be paid to non member spouse—no benefit payable only as a lump sum, or first splittable payment is not a lump sum
86 Amount to be paid to non member spouse—benefits payable as allocated pension or market linked pension
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Division 3—Superannuation interest in payment phase at date of service of agreement or date of order
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Subdivision A—Preliminary
87 Simplified outline of this Division
88 Application of this Division
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Subdivision B—First or only payment split
89 Application of this Subdivision
90 Amount to be paid to non member spouse—first splittable payment after operative time greater than or equal to the base amount
91 Amount to be paid to non member spouse—first splittable payment after operative time is less than the base amount
92 Amount to be paid to non member spouse—optional lump sum from remaining benefits
93 Amount to be paid to non member spouse—benefits payable as allocated pension or market linked pension
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Subdivision C—Second or later payment split
94 Application of this Subdivision
95 Amount to be paid to non member spouse—first splittable payment after operative time greater than or equal to the amount of earlier payments plus base amount
96 Amount to be paid to non member spouse—first splittable payment after operative time less than amount of earlier payments plus base amount
97 Amount to be paid to non member spouse—benefits payable as allocated pension or market linked pension
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Part 8—Fees payable to trustee and waiver of rights
98 Reasonable fees payable to trustee
99 Waiver of rights under payment split
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Part 9—Provision of information to and by trustee
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Division 1—Preliminary
100 Simplified outline of this Part
101 Definitions
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Division 2—Declaration accompanying application for information about a superannuation interest
102 Application to trustee for information about a superannuation interest—accompanying declaration
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Division 3—Information provided by trustee about superannuation interests
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Subdivision A—Information about certain accumulation interests
103 Accumulation interests to which this Subdivision applies
104 Information the trustee must provide—overview
105 Specific information—the interest is in the payment phase
106 Specific information—the interest is in the growth phase, and is an accumulation interest other than a partially vested accumulation interest
107 Specific information—the interest is in the growth phase, and is a partially vested accumulation interest
108 Specific information—the interest is subject to a payment split or flag
109 Exceptions and other kinds of required information
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Subdivision B—Information about certain defined benefit interests
110 Defined benefit interests to which this Subdivision applies
111 Information the trustee must provide—overview
112 Specific information—the interest is in the payment phase
113 Specific information—the interest is in the growth phase and held as a result of employment in which the member is still engaged
114 Specific information—the interest is in the growth phase and held as a result of employment in which the member is no longer engaged
115 Specific information—the interest is subject to a payment split or flag
116 Exceptions and other kinds of required information
117 Interest is in the growth phase and held as a result of employment in which the member is still engaged—meaning of accrued benefit multiple
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Subdivision C—Information about certain percentage only interests
118 Percentage only interests to which this Subdivision applies
119 Information the trustee must provide—overview
120 Specific information—the interest is in the payment phase and the member is receiving ongoing pension payments
121 Specific information—the interest is a superannuation annuity in the payment phase and the member is receiving ongoing benefits
122 Specific information—the interest is in the growth phase and is not an interest in a deferred annuity
123 Specific information—the interest is in a deferred annuity and is in the growth phase
124 Specific information—the interest is subject to a payment split or flag
125 Exceptions
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Subdivision D—Information about certain innovative superannuation interests
126 Innovative superannuation interests to which this Subdivision applies
127 Information the trustee must provide—overview
128 Specific information—the interest is in the payment phase
129 Specific information—the interest is in the growth phase
130 Specific information—the interest is subject to a payment split or flag
131 Exceptions and other kinds of required information
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Subdivision E—Information about interests in self managed superannuation funds
132 Interests in self managed superannuation funds to which this Subdivision applies
133 Information the trustee must provide—overview
134 Specific information—the interest is in the payment phase and the member is receiving ongoing pension payments
135 Specific information—the interest is subject to a payment split or flag
136 Exceptions
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Subdivision F—Information about small superannuation accounts interests
137 Interests in small superannuation accounts to which this Subdivision applies
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Subdivision G—Information about certain interests for which an agreement or splitting order applies
138 Interests to which this Subdivision applies
139 Information the trustee must provide
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Subdivision H—How and when trustee must provide information
140 How and when trustee must provide information
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Subdivision I—Certain secondary government trustees not required to provide information
141 Certain secondary government trustees not required to provide information
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Subdivision J—Information provided by trustee to non member spouse
142 Information to be provided to the non member spouse by the trustee after service of agreement or order
143 Information to be provided to non member spouse by the trustee at end of each financial year
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Subdivision K—Information provided by non member spouse to trustee
144 Notice to trustee by or for non member spouse
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Part 10—Transitional arrangements
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Division 1—Transitional arrangements for the commencement of this instrument
145 Things done under the Family Law (Superannuation) Regulations 2001
146 Only certain superannuation interests in the scheme constituted by the Parliamentary Contributory Superannuation Act 1948 are covered by subparagraph 14(1)(b)(ii) of this instrument
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Schedule 1—Forms
Form 1—Notice to trustee that non member spouse’s entitlement under agreement or order satisfied
Form 2—Request to trustee by non member spouse for payment, as lump sum, of all or part of remaining adjusted base amount
Form 3—Request to trustee by non member spouse for payment, as lump sum, of all or part of adjusted base amount
Form 4—Request to trustee by non member spouse for payment, as lump sum, of all or part of remaining base amount
Form 5—Waiver notice in respect of payment split
Form 6—Declaration to accompany application to trustee for information about a superannuation interest
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Schedule 2—Value of non member spouse’s entitlement for percentage only interest in superannuation fund or approved deposit fund in payment phase
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Part 1—Preliminary
1 Application of this Schedule
2 Definitions
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Part 2—Method for subparagraphs 90XJ(1)(b)(i) and 90YN(1)(b)(i), and paragraphs 90XT(1)(c) and 90YY(1)(c), of the Act
3 Method for subparagraphs 90XJ(1)(b)(i) and 90YN(1)(b)(i), and paragraphs 90XT(1)(c) and 90YY(1)(c), of the Act
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Part 3—Method for subparagraphs 90XJ(1)(b)(ii) and 90YN(1)(b)(ii), and paragraphs 90XT(1)(b) and 90YY(1)(b), of the Act
4 Method for subparagraphs 90XJ(1)(b)(ii) and 90YN(1)(b)(ii), and paragraphs 90XT(1)(b) and 90YY(1)(b), of the Act
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Part 4—Reversion valuation factors
5 Reversion valuation factors
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Schedule 3—Method for determining gross value of defined benefit interest
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Part 1—Preliminary
1 Application of this Schedule
2 Method
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Part 2—Interest relating to current employment—benefit payable only as lump sum
3 Method
4 Lump sum valuation factors
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Part 3—Interest relating to current employment—benefit payable only as pension, and member spouse’s age is 65 years or less
5 Method
6 Valuation factors—no guarantee period—pension not indexed
7 Valuation factors—no guarantee period—CPI indexed pension
8 Valuation factors—no guarantee period—CPI indexed pension with 5% cap
9 Valuation factors—no guarantee period—CPI indexed pension plus 1%
10 Valuation factors—no guarantee period—CPI indexed pension plus 1% with 5% cap
11 Valuation factors—no guarantee period—pension indexed at 3%
12 Valuation factors—no guarantee period—wage indexed pension
13 Valuation factors—no guarantee period—pension indexed at 4%
14 Valuation factors—no guarantee period—pension indexed at 5%
15 Valuation factors—5 year guarantee period—pension not indexed
16 Valuation factors—5 year guarantee period—CPI indexed pension
17 Valuation factors—5 year guarantee period—CPI indexed pension with 5% cap
18 Valuation factors—5 year guarantee period—CPI indexed pension plus 1%
19 Valuation factors—5 year guarantee period—CPI indexed pension plus 1% with 5% cap
20 Valuation factors—5 year guarantee period—pension indexed at 3%
21 Valuation factors—5 year guarantee period—wage indexed pension
22 Valuation factors—5 year guarantee period—pension indexed at 4%
23 Valuation factors—5 year guarantee period—pension indexed at 5%
24 Valuation factors—10 year guarantee period—pension not indexed
25 Valuation factors—10 year guarantee period—CPI indexed pension
26 Valuation factors—10 year guarantee period—CPI indexed pension with 5% cap
27 Valuation factors—10 year guarantee period—CPI indexed pension plus 1%
28 Valuation factors—10 year guarantee period—CPI indexed pension plus 1% with 5% cap
29 Valuation factors—10 year guarantee period—pension indexed at 3%
30 Valuation factors—10 year guarantee period—wage indexed pension
31 Valuation factors—10 year guarantee period—pension indexed at 4%
32 Valuation factors—10 year guarantee period—pension indexed at 5%
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Part 4—Interest relating to current employment—benefit payable only as pension, and member spouse’s age is more than 65 years
33 Method—pension has no guarantee period
34 Method—pension has a guarantee period
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Part 5—Interest relating to current employment—benefit payable as combination of lump sum and pension
35 Method—no restriction on combination of lump sum and pension that may be taken
36 Method—restriction on proportion of pension that may be commuted to lump sum
37 Method—restriction on lump sum amount that may be converted to pension
38 Conversion of accrued benefit multiple
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Part 6—Interest relating to former employment—benefit payable only as lump sum
39 Method—lump sum comprising different components
40 Discount valuation factors
41 Method—lump sum (other than lump sum comprising different components)
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Part 7—Interest relating to former employment—benefit payable only as pension
42 Method—pension payable periodically
43 Discount valuation factors
44 Method—conversion of lump sum to pension
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Part 8—Interest relating to former employment—benefit payable as combination of lump sum and pension
45 Method—no restriction on combination of lump sum and pension that may be taken
46 Method—restriction on proportion of pension that may be commuted to lump sum
47 Method—restriction on lump sum amount that may be taken as pension
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Schedule 4—Method for determining gross value of partially vested accumulation interest
1 Application of this Schedule
2 Method
3 Actual vested benefit
4 Total amount standing to credit of member spouse if benefit were fully vested at relevant date
5 Vesting factors
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Schedule 5—Method for determining gross value of superannuation interest payable as life pension (otherwise than due to invalidity)
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Part 1—Preliminary
1 Application of this Schedule
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Part 2—Interest has no guarantee period, or guarantee period has already ended
2 Application of this Part
3 Method
4 Valuation factors—pension not indexed
5 Valuation factors—CPI indexed pension
6 Valuation factors—CPI indexed pension with 5% cap
7 Valuation factors—CPI indexed pension plus 1%
8 Valuation factors—CPI indexed pension plus 1% with 5% cap
9 Valuation factors—pension indexed at 3%
10 Valuation factors—wage indexed pension
11 Valuation factors—pension indexed at 4%
12 Valuation factors—pension indexed at 5%
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Part 3—Interest has a guarantee period that is yet to end
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Division 1—Application and method
13 Application of this Part
14 Method
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Division 2—Present value of the pension payable for the remaining part of the guarantee period
15 Present value of the pension payable for the remaining part of the guarantee period
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Division 3—Present value of the pension payable after the end of the guarantee period
16 Present value of the pension payable after the end of the guarantee period
17 Meaning of discount valuation factor
18 Meaning of survival valuation factor
19 Meaning of pension valuation factor
20 Meaning of reversion valuation factor
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Schedule 6—Method for determining value of superannuation interest in lifetime annuity
1 Application of this Schedule
2 Method
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Schedule 7—Method for determining gross value of superannuation interest payable as life pension due to invalidity
1 Application of this Schedule
2 Method
3 Valuation factors—pension not indexed
4 Valuation factors—CPI indexed pension
5 Valuation factors—CPI indexed pension with 5% cap
6 Valuation factors—CPI indexed pension plus 1%
7 Valuation factors—CPI indexed pension plus 1% with 5% cap
8 Valuation factors—pension indexed at 3%
9 Valuation factors—wage indexed pension
10 Valuation factors—pension indexed at 4%
11 Valuation factors—pension indexed at 5%
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Schedule 8—Method for determining gross value of superannuation interest payable as fixed term pension
1 Application of this Schedule
2 Method
3 Pension valuation factors
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Schedule 9—Method for determining value of superannuation interest in fixed term annuity
1 Application of this Schedule
2 Method
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Schedule 10—Method for determining gross value of superannuation interest payable as pension and future lump sum
1 Application of this Schedule
2 Definitions
3 Method
4 Discount valuation factors
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Schedule 11—Method for determining transition factor for calculating the amount to be paid to the non member spouse
1 Application of this Schedule
2 Transition factor
3 Relative value factors—benefits in respect of the superannuation interest are payable as a pension that has no guarantee period
4 Relative value factors—benefits in respect of the superannuation interest are payable as a pension having a 5 year guarantee period
5 Relative value factors—benefits in respect of the superannuation interest are payable as a pension having a 10 year guarantee period
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Schedule 12—Modifications of Division 2 of Part 7
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history