The members of a SMSF are a husband and wife.
They are divorcing and the arrangement is that the husband gets all the Funds in the Australian super fund.
The wife currently lives in Ireland and all divorce proceedings are in Ireland.
At present they are going to end up with Irish Consent orders splitting up the matrimonial assets and the consent orders mentions the Australian SMSF assets going to the husband.
Does the Irish Family Law Consent orders satisfy the ATO in allowing the wife’s balance to be transferred to the husband?
Do they need a superannuation agreement under section 90XH of the Australian Family Law Act 1975?
Any suggestions?
Hi Peter
Yes to split superannuation between 2 divorced people they need:
an order from a family court of Australia or a
superannuation agreement (as per section 90XH of the Family Law Act 1975.
My understanding is that the Irish Family law orders will not meet the Australian requirements. I have not come across this before so it should be raised with an Australian family lawyer.
Thanks
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