Katherine Stavrou

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221 appearances 1 recordings 1 series first heard Feb 2022 last heard Feb 2022

Katherine Stavrou’s voice in public audio — every appearance, attributed to the second.

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Australian Finance Podcast · Prenups & de facto relationships | Family Law Barrister · 24 Feb 2022 podcast

And every couple's situation is different.

And unfortunately, sometimes more often than not, you're not sure how the court will take a certain avenue until all the important relevant facts are confronted by or dealt with through the court process.

It was, yeah.

And obviously people started accumulating super during their relationship and early on.

And so now it's important to note that super is actually treated as property under the Family Law Act.

But it differs from other property because it's held in a trust.

So what it does is it allows super to be divided when you're separating.

Particularly if one party has got a higher superannuation balance more so than the other party because one party may have been the worker and the other party may have been the primary caregiver for the children throughout the marriage or the relationship.

So it can be settled by consent.

through parties who say, okay, we'll agree on a superannuation split whereby we each achieve an equal balance.

Or it can be that one party receives, say, 60% of the other party's super or 70%, depending on what the parties agree on.

And obviously it applies to couples that have been married or in a de facto relationship.

Of course.

And I think a lot of people should understand as well is that it doesn't, super doesn't, so super splitting, sorry, doesn't convert the superannuation into cash.

So it's still paid out according to superannuation law, but it's retained usually until sort of a retirement age is reached by one of the parties.

So it's really important that you get proper legal advice about the splitting agreement between you or it won't be binding on the trustee of a superannuation fund.

Definitely.

That's right.

Definitely, if you're very lucky.

That's right.

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