Family law changes from 6 May 2024

Family law changes from 6 May 2024

Asset Protection & Superannuation Splitting

Whether you’re entering a marriage or de facto relationship, or facing the complexities of separation or divorce, planning for financial security is essential. Asset protection and superannuation splitting play a pivotal role in safeguarding your wealth and ensuring your long-term financial stability.

Asset protection involves implementing legal strategies to protect your property, business interests, and personal assets from future claims or disputes, whether from creditors or in the case of a divorce. Similarly, superannuation splitting ensures that superannuation entitlements are divided fairly between both parties during a separation, acknowledging that superannuation is often one of the largest assets a couple holds.

At Allison Rowe Family Lawyers, we understand the importance of these protections and provide expert guidance in these critical areas. Our approach is not just about navigating legal complexities but about offering peace of mind through personalised strategies designed to safeguard your financial future.

Why Choose Allison Rowe Family Lawyers

At Allison Rowe Family Lawyers, we bring over 25 years of experience to helping clients secure their financial futures through asset protection and superannuation splitting. Our deep understanding of family law allows us to provide expert advice that is both strategic and tailored to each client’s unique needs.

The team has extensive experience in handling complex legal matters related to asset protection, including drafting prenuptial agreements and binding financial agreements.We are highly skilled in managing the complexities of superannuation splitting, so that our clients receive fair entitlements during a separation.

What sets Allison Rowe Family Lawyers apart is a commitment to personalised service. We take the time to carefully assess your individual circumstances to develop a thoughtful legal strategy, ensuring that you receive the best possible guidance on safeguarding your assets.

When you choose Allison Rowe Family Lawyers, you are choosing a firm that combines expertise, compassion, and a dedication to protecting your financial well-being.

Prenuptial and Binding Financial Agreements

A prenuptial agreement (also known as a "prenup") or a binding financial agreement is one of the most important tools for protecting your assets in the event of a relationship breakdown. These agreements outline how assets and financial resources will be divided should the relationship end, providing clarity and security for both parties.

At Allison Rowe Family Lawyers, we guide you through the process of drafting these agreements, ensuring they are fair, legally sound, and reflective of your circumstances. Whether you need a prenuptial agreement lawyer or assistance with a binding financial agreement, our goal is to make sure that you are protected.

Asset Protection Services

At Allison Rowe Family Lawyers, we offer a comprehensive range of asset protection services designed to safeguard your wealth, both during your relationship and in the event of separation or divorce. Our expertise in this area is applied to protecting you in the event of future claims or disputes, allowing you to plan for a secure financial future.

Superannuation Splitting

Superannuation is often one of the most significant assets in any relationship, and ensuring its fair division during a separation or divorce is crucial. At Allison Rowe Family Lawyers, we have extensive experience in advising clients on superannuation splitting, helping to ensure a fair outcome for all parties involved.

Understanding Superannuation Splitting

Superannuation splitting refers to the process by which the superannuation entitlements of one or both partners are divided during a divorce or separation. This can be a complex process, as superannuation is treated differently from other assets—it is not physically divided but rather split according to an agreement or court order, with the split amount typically being transferred to the superannuation account of the other party.

Superannuation is often a significant aspect of a couple’s financial portfolio, making it essential to have an experienced lawyer to help navigate the complexities of dividing these assets fairly and in compliance with family law regulations.

Legal Guidance on Superannuation Splitting

Navigating the legalities of superannuation splitting can be challenging, particularly when it comes to determining the value of the entitlements and negotiating a fair split. Our team provides expert legal guidance, helping you understand your rights and responsibilities throughout the process.

We assist with:

  • Calculating the value of superannuation entitlements.

  • Advising on strategies for superannuation splitting.

  • Preparing the necessary documentation, including superannuation agreements and consent orders, to formalise the arrangement.

  • Representing you in court if required, to ensure that your interests are fully protected.

By choosing Allison Rowe Family Lawyers, you can trust that any superannuation division will be managed with care, ensuring a smooth and fair resolution during a separation.

FAQs on Asset Protection & Superannuation Splitting

1. What is the purpose of a prenuptial agreement or binding financial agreement?

A prenuptial agreement (or binding financial agreement) helps protect your assets by outlining how property, financial resources, and liabilities will be divided if the relationship breaks down. These agreements provide clarity and security, ensuring that both parties' financial interests are safeguarded and reducing the potential for disputes in the future.

3. What is superannuation splitting, and why is it important during a divorce?

Superannuation splitting refers to the division of superannuation entitlements between separating partners. As superannuation is often one of the most significant assets in a relationship, ensuring a fair split is vital to maintaining financial security after divorce. The split amount is usually transferred to the other party's superannuation fund, ensuring a balanced distribution of retirement savings.

4. Can I set up a binding financial agreement after marriage?

Yes, a binding financial agreement can be established before, during, or after a marriage or de facto relationship. These agreements can provide protection for assets acquired before or during the relationship, offering peace of mind in the event of separation.

5. How does Allison Rowe Family Lawyers help with superannuation splitting?

Our team assists with every aspect of superannuation splitting, from calculating the value of entitlements to negotiating a fair division and preparing the necessary documentation. We ensure the process is compliant with family law regulations and that your financial future is protected.

If you have more questions, or if you're ready to discuss your asset protection and superannuation needs, reach out to Allison Rowe Family Lawyers today.

Book an appointment

Ready to find your family law solution? Book an appointment now and take the first step towards clarity and resolution.

Contact Allison Rowe Family Lawyers for Expert Guidance

Whether you need assistance with asset protection, superannuation splitting, or creating a prenuptial agreement, the team at Allison Rowe Family Lawyers is here to provide expert legal guidance.

Let us help you protect your assets and secure a more stable financial future. Contact us today to schedule a consultation with one of our experienced lawyers. Together, we’ll develop a strategy that gives you peace of mind and confidence moving forward.

Reach out to us at 03 8357 9157 or simply fill in our contact form, and we’ll get back to you promptly. At Allison Rowe Family Lawyers, we are committed to protecting what matters most.

Contact Us

Contact Us

Have questions or need assistance? Contact us, and our friendly team will provide the support you deserve. Trust us to simplify your family law matters with compassion and expertise.

Hours
Monday–Friday
9am–5pm

Address
suite 4934

805, 220 Collins St

Melbourne 3000

Email
enquiries@allisonrowe.com.au

Phone
03 8357 9157