How to obtain superannuation information for family law proceedings?

Legislation improving the identification of superannuation assets in family law proceedings based on information held by the ATO has now been passed and awaits assent.

The Family Law Act 1975 and the Taxation Administration Act 1953 have been amended to create an information sharing mechanism to allow the family law courts to access certain superannuation information.

The new information sharing mechanism will make it harder for parties to hide or under-disclose their superannuation assets in family law proceedings, and will reduce the time, cost and complexity for parties seeking the most up-to-date information from one or more superannuation funds.

As explained in the EM, the purpose of the amendments is to help separated couples to divide their superannuation on a just and equitable basis. Also, they help to alleviate the financial hardship and unequal retirement income outcomes that people, particularly women, can experience after separation.