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About Product
When a non-member spouse, during a divorce or separation, receives court order or a financial agreement in their favour to divide the superannuation benefits and receive a sum from their member spouse’s account, a notice needs to be sent by the Member spouse to specify certain details that allows the Trustee to make the payment.
The LightYear Docs Family Law Superannuation splitting notice is to a Spouse who is not a Member of the Fund. It specifies within how many days the request for transfer needs to be made and the mode in which it needs to be made.
► $129.00 (inc GST) - OR provided under your unlimited membership
► The master document has been signed off by Abbott & Mourly and is congruent with Australian law.
General Information
The Family Law Superannuation splitting notice is a formal notice served on a Trustee of a Superannuation Fund under the Family Law Act. This notice specifies how the superannuation should be divided between the parties and requests the Trustee to split the interest of the member in the fund in accordance with a financial agreement or court order.
The Member Spouse can use the The LightYear Docs Family Law Superannuation splitting notice to a Spouse who is not a Member of the Fund. The Notice specifies within how many days the request for transfer needs to be made and the mode in which it needs to be made. And if there is no response, the notice has a provision to forward the monies to the Australian Tax Office pursuant to the Superannuation Laws.
Benefits
- Easy to read and understand.
- The Notice makes the process of splitting superannuation during a divorce or separation more efficient and streamlined.
- acknowledges the superannuation splitting order and ensures that the Member spouse notifies the Non-member spouse of the information that is required to make the transfer.
- compliant with Superannuation Industry (Supervision) Act 1993 and Superannuation Industry (Supervision) Regulations 1994.
- Written by Australia’s foremost legal, technical and strategic expert, Grant Abbott.
- Newly-authored and covers all recent legislation changes.
- Signed off by Abbott & Mourly.
Frequently Asked Legal Questions
Is it necessary to have a family law court order for the splitting?
Yes, this is a notice that is sent during divorce and separation proceedings and is pursuant to a family law court order.
Can I get a sample of this document?
Yes, please email support@lightyeardocs.com.au to request a sample document for you to review.
Why use the LightYear Docs SMSF Splitting Notice?
The LightYear Docs SMSF splitting notice complies with all the latest superannuation laws and makes the process of splitting efficient and streamlines. It also has provisions to ensure that the monies can be sent to the Australian Tax Office if the notice is not complied with by the non-Member spouse.
How long does this document take to assemble?
Depending on the complexity of the data, this document should take approximately 30-50 secs to assemble. If you experience timing outside of this please contact Support via the Surge app, alternatively please read this article for troubleshooting tips https://info.lightyeardocs.com.au/supportcentre/troubleshooting-longer-assembly-times-timeouts
Is this document a legal document?
All master documents have been signed off by Abbott & Mourly lawyers. Tony Anamourlis of Abbott & Mourly advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LightYear Docs platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LightYear Docs platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”
However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed legal document provided by Abbott & Mourly.
The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria [1927] VLR 394, 397 where the Court held:
“if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”
Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances. The Court held that this process was legal work.
Is the document easy to read?
All LightYear Docs products are written in plain English and assessed for readability. If at any time you come across any errors, please contact support@lightyeardocs.com.au.
What lawyers sign off on the LightYear Docs documents?
All LightYear documents are prepared and signed off by Abbott & Mourly from Melbourne, Sydney and Brisbane.
Are the LightYear Docs documents reviewed regularly?
All LightYear Docs documents form part of the LightYear Docs internal review process. We review all documents at least annually or when required to do so due to changes in legislation. Further details of this process and a review schedule is included on this website.