Cherry Allen Posted May 19, 2016 Share Posted May 19, 2016 Hope someone can help with this! Im an Australian citizen, currently in the UK but returning to Aus later this year. Husband is in the UK, is a UK citizen and an ex-permanent resident of Aus. We are separated, and will eventually divorce. He wants to transfer his super to me, as he has no intention of ever returning to Aus, he has found someone new and is suffering poor health. In return, I will not ask for anything else financially from him apart from child maintenance. This arrangement is good for both of us. I have tried googling for what I would need to do, but all transfer/split info on super applies to those in Aus. I have emailed his super but they keep sending info for withdrawing super (not applicable as he was PR). I would like to know what needs to be done before I leave the UK, as my husband is useless at phone calls/emailing etc and will require help. I know its a complex question but am asking in the hope someone might have had a similar situation. Thankyou Quote Link to comment Share on other sites More sharing options...
Parley Posted May 19, 2016 Share Posted May 19, 2016 I don't believe the Super will be released without a court order from an Australian court. Quote Link to comment Share on other sites More sharing options...
Cherry Allen Posted May 19, 2016 Author Share Posted May 19, 2016 I don't believe the Super will be released without a court order from an Australian court. Ah ok thanks, so am I better filing something (dont know what) when I get to Australia? Or does he need to do it, and if he does can he do it from the UK? Quote Link to comment Share on other sites More sharing options...
Skani Posted May 19, 2016 Share Posted May 19, 2016 Have you had any legal advice about a financial settlement after your separation? Superannuation is one of the considerations normally included in a legal settlement in separation/divorce. I'd definitely consult with a solicitor specialising in divorce/family matters now while you are in the UK. Quote Link to comment Share on other sites More sharing options...
Cherry Allen Posted May 19, 2016 Author Share Posted May 19, 2016 Have you had any legal advice about a financial settlement after your separation? Superannuation is one of the considerations normally included in a legal settlement in separation/divorce. I'd definitely consult with a solicitor specialising in divorce/family matters now while you are in the UK. Thanks No, we havent had legal advice and dont feel we require it. There is no assets or property or money to discuss, only the super. We get on well as friends, and the super has only 4 years worth of payments made into it, he has a UK pension worth about the same so it makes sense for me to have one and him have the other. He has no interest in the super at all. Neither of us want to pay for a solicitor to discuss just that matter. We arent in any rush for a divorce, but if we need to do that first to get the super transferred then we will do it, its just I am wondering if there is anything else that needs to be completed before the super company will accept the transfer request. Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted May 19, 2016 Share Posted May 19, 2016 Thanks No, we havent had legal advice and dont feel we require it. There is no assets or property or money to discuss, only the super. We get on well as friends, and the super has only 4 years worth of payments made into it, he has a UK pension worth about the same so it makes sense for me to have one and him have the other. He has no interest in the super at all. Neither of us want to pay for a solicitor to discuss just that matter. We arent in any rush for a divorce, but if we need to do that first to get the super transferred then we will do it, its just I am wondering if there is anything else that needs to be completed before the super company will accept the transfer request. That's why it is important to take legal advice! Just a one hour session would point you in the right direction and the correct process to follow. Quote Link to comment Share on other sites More sharing options...
Skani Posted May 20, 2016 Share Posted May 20, 2016 Thanks No, we havent had legal advice and dont feel we require it. ....... I don't think you have a choice. " Even where the divorce is amicable, the super laws require each party to get independent advice before signing a superannuation agreement relating to superannuation benefits, if the agreement is to be binding on the trustees of the superannuation fund." http://www.superguide.com.au/boost-your-superannuation/divorce-and-superannuation Quote Link to comment Share on other sites More sharing options...
Parley Posted May 20, 2016 Share Posted May 20, 2016 It would probably be a lot less hassle if he just gave you the equivalent amount in cash and kept his Superannuation. If you really want to access the super you will have a lot of legal expenses. Quote Link to comment Share on other sites More sharing options...
Cherry Allen Posted May 20, 2016 Author Share Posted May 20, 2016 (edited) It would probably be a lot less hassle if he just gave you the equivalent amount in cash and kept his Superannuation. If you really want to access the super you will have a lot of legal expenses. Yes it would be less hassle but considering neither of us have any assets/property/money that is unlikely. His super is currently $28,000, and his bank account has £150 in it. He has no ability to get any more, and lives from day to day. He has already said if I dont take the super he will just leave it to rot as he cant be bothered to sort out any paperwork by himself. He thinks he will die before he is even retirement age due to poor health. Thanks everyone, looks like legal advice then, I will do that when I get to Australia as I doubt any legal person here will know the ins and outs of super, plus the super company would prefer the word of a 'local' legal person. And I guess the ex will have to just confirm it through a UK legal person then. Edited May 20, 2016 by Cherry Allen Quote Link to comment Share on other sites More sharing options...
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