The Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 has introduced changes to superannuation splitting arrangements under family law.

Under the Bill, superannuation splitting arrangements can now be formed between the parties of a de facto relationship, in addition to the parties to a marriage.

De facto relationship is expanded to include couples of the same sex.

The Bill introduces a new definition of 'de facto relationship' into the Family Law Act 1975, which will apply to superannuation splitting arrangements under family law.

The changes in the Act to superannuation splitting arrangements will result in trustees receiving more superannuation payment notices from a member's former spouse to split the member's superannuation benefits.

It needs to be noted that there has been no referral of powers by South Australia or Western Australia and so the changes do not apply in these states.

Disclosure documentation, if any, relating to superannuation splitting arrangements may need to be reviewed.

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