Other Advice

SuperSplitting provides a range of other advisory services. These include:

• Advice to accountants on trustee responsibilities under a self managed superannuation plan.
  
• Advice to trustees and superannuation administrators on responsibilities under the new laws.
  
• Advice to financial planners about the family law requirements for splitting superannuation.

There are many questions that will arise for trustees under the new laws. Trustees need to be aware that:

• The new super splitting laws are paramount and override Commonwealth, State and Territory laws as well as trust deeds and other governing instruments.
  
• Orders of the Court are only binding when a trustee has been accorded procedural fairness, ie given notice of the court proceedings.
  
• Information must be given to both the member and the non-member in relation to the superannuation interest.
  
• Orders must be properly served and agreements must be accompanied by the decree absolute or separation declaration.
  
• Reasonable fees may be charged.
  
• Trustees receive statutory protection where they act in good faith on documents served or court orders.

If you are an accountant and have self managed superannuation as one of your responsibilities, call Stephen Bourke for advice on all aspects of splitting a self managed superannuation fund.

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