Family Law (Superannuation) Regulations 2025

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Administered by

Attorney-General's Department

This item is authorised by the following title:

Family Law Act 1975

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F2026C00775 C02

23 July 2026

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Table of contents

Part 1—Preliminary
- 1 Name
- 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.
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
Part 3—Payments that are not splittable payments: payments made in particular circumstances
- 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
  - 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
- Division 4—When the payment relates to a superannuation interest that is a percentage-only interest
- 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
Part 4—Payment splitting or flagging by agreement
- Division 1—Superannuation interest that is not a percentage-only interest
- Division 2—Superannuation interest that is a percentage-only interest
Part 5—Payment splitting or flagging by court order
- Division 1—Simplified outline
  - 43 Simplified outline of this Part
- Division 2—All superannuation interests
  - 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
  - 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
- Division 3—Superannuation interest that is a percentage-only interest
Part 6—Determining the value of certain superannuation interests of member spouses
- Division 1—Determining the value of superannuation interests in the growth phase at the relevant date
- Division 2—Determining the value of superannuation interests in the payment phase at the relevant date
Part 7—Entitlement of non-member spouse in respect of certain superannuation interests
- Division 1—Preliminary
- Division 2—Superannuation interest in growth phase at date of service of agreement or date of order
- Division 3—Superannuation interest in payment phase at date of service of agreement or date of order
Part 7A—Ministerial directions relating to approved methods or factors
- 97A Scope of this Part
- 97B Circumstances in which a direction may be given
- 97C What must be included in a direction
- 97D What a direction may require the trustee to do
Part 8—Fees payable to trustee and waiver of rights
- 98 Reasonable fees payable to trustee
- 99 Waiver of rights under payment split
Part 9—Provision of information to and by trustee
- Division 1—Preliminary
  - 100 Simplified outline of this Part
  - 101 Definitions
- Division 2—Declaration accompanying application for information about a superannuation interest
  - 102 Application to trustee for information about a superannuation interest—accompanying declaration
- Division 3—Information provided by trustee about superannuation interests
Part 10—Application and transitional provisions
- 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
- Division 2—Family Law (Superannuation) Amendment (2026 Measures No. 1) Regulations 2026
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
Schedule 2—Value of non-member spouse’s entitlement for percentage-only interest in superannuation fund or approved deposit fund in payment phase
- Part 1—Preliminary
  - 1 Application of this Schedule
  - 2 Definitions
- 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
- 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
- Part 4—Reversion valuation factors
  - 5 Reversion valuation factors
Schedule 3—Method for determining gross value of defined benefit interest
- Part 1—Preliminary
  - 1 Application of this Schedule
  - 2 Method
- Part 2—Interest relating to current employment—benefit payable only as lump sum
  - 3 Method
  - 4 Lump sum valuation factors
- Part 3—Interest relating to current employment—benefit payable only as pension, and member spouse’s age is 65 years or less
- 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
- Part 5—Interest relating to current employment—benefit payable as combination of lump sum and pension
- Part 6—Interest relating to former employment—benefit payable only as lump sum
- Part 7—Interest relating to former employment—benefit payable only as pension
- Part 8—Interest relating to former employment—benefit payable as combination of lump sum and pension
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
Schedule 5—Method for determining gross value of superannuation interest payable as life pension (otherwise than due to invalidity)
- Part 1—Preliminary
  - 1 Application of this Schedule
- Part 2—Interest has no guarantee period, or guarantee period has already ended
- Part 3—Interest has a guarantee period that is yet to end
Schedule 6—Method for determining value of superannuation interest in lifetime annuity
- 1 Application of this Schedule
- 2 Method
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%
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
Schedule 9—Method for determining value of superannuation interest in fixed term annuity
- 1 Application of this Schedule
- 2 Method
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
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
Schedule 12—Modifications of Division 2 of Part 7
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history

Federal Register of Legislation

Scheduled Maintenance - Friday 16 October 2026 from 8:30pm AEST

Family Law (Superannuation) Regulations 2025

Scheduled Maintenance - Friday 16 October 2026 from 8:30pm AEST

Family Law (Superannuation) Regulations 2025

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