Improving the visibility of superannuation assets in family law proceedings

31st May 2021

The Morrison Government has today released exposure draft legislation that will facilitate the identification of superannuation assets by parties to family law proceedings, leveraging information held by the Australian Taxation Office (ATO).

This exposure draft legislation supports the Government’s commitment to improve the visibility of superannuation assets in family law proceedings.

The draft legislation provides for a party to family law property proceedings in the Family Court of Australia, Federal Circuit Court of Australia and Family Court of Western Australia to apply to the court to request their former partner’s superannuation information from the ATO.

The Bill will also authorise the ATO to disclose superannuation information to court registry staff for the purpose of use by the parties for relevant family law proceedings.

Once commenced, the new information-sharing process will make it harder for parties to hide or under-disclose their superannuation assets in family law proceedings, and will reduce the time, cost and complexity for parties seeking accurate superannuation information.

The draft legislation and supporting materials are available on the Treasury website and stakeholders are encouraged to provide their feedback. Consultation will close on 28 June 2021.