The Victorian Court of Appeal has recently handed down its decision in Wareham v Marsella [2020] VSCA 92 which has highlighted the need for trustees of SMSF’s to proceed cautiously when resolving to distribute a deceased member’s SMSF benefits in the absence of a valid binding death benefit nomination. This...

Not so Super Increasingly we are finding that superannuation is likely to be the most significant asset a person owns, often overtaking the family home as the most valuable asset that forms the bulk of a person’s estate after their death. However, many people are not aware that their superannuation...

Presently Western Australia de facto couples are the only couples in Australia who are unable to divide superannuation following the breakdown of a relationship. This is due to the Western Australian state government not referring their powers to the Commonwealth to legislate over non-married couples. This leaves some Western Australians...

Has your relationship recently broken down? Were you and your partner in a de facto relationship? Do you understand how your assets will be divided following your break up? A relationship breakdown is inevitably a stressful and emotional time, and to add even more fuel to the fire, you and...

When married couples separate, the Family Law Act 1975 sets out their rights and obligations as to financial matters. The legislation tells us the steps involved in dividing property between the separated married couple. The first step in any property settlement is determining the asset pool, so that the assets,...