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FAMILY LAW ACT 1975 - SECT 90MT

Splitting order

             (1)  A court, in accordance with section 90MS, may make the following orders in relation to a superannuation interest (other than an unsplittable interest):

                     (a)  if the interest is not a percentage-only interest--an order to the effect that, whenever a splittable payment becomes payable in respect of the interest:

                              (i)  the non-member spouse is entitled to be paid the amount (if any) calculated in accordance with the regulations; and

                             (ii)  there is a corresponding reduction in the entitlement of the person to whom the splittable payment would have been made but for the order;

                     (b)  an order to the effect that, whenever a splittable payment becomes payable in respect of the interest:

                              (i)  the non-member spouse is entitled to be paid a specified percentage of the splittable payment; and

                             (ii)  there is a corresponding reduction in the entitlement of the person to whom the splittable payment would have been made but for the order;

                     (c)  if the interest is a percentage-only interest--an order to the effect that, whenever a splittable payment becomes payable in respect of the interest:

                              (i)  the non-member spouse is entitled to be paid the amount (if any) calculated in accordance with the regulations by reference to the percentage specified in the order;

                             (ii)  there is a corresponding reduction in the entitlement of the person to whom the splittable payment would have been made but for the order;

                     (d)  such other orders as the court thinks necessary for the enforcement of an order under paragraph (a), (b) or (c).

             (2)  Before making an order referred to in subsection (1), the court must make a determination under paragraph (a) or (b) as follows:

                     (a)  if the regulations provide for the determination of an amount in relation to the interest, the court must determine the amount in accordance with the regulations;

                     (b)  otherwise, the court must determine the value of the interest by such method as the court considers appropriate.

          (2A)  The amount determined under paragraph (2)(a) is taken to be the value of the interest.

             (3)  Regulations for the purposes of paragraph (2)(a) may provide for the amount to be determined wholly or partly by reference to methods or factors that are approved in writing by the Minister for the purposes of the regulations.

             (4)  Before making an order referred to in paragraph (1)(a), the court must allocate a base amount to the non-member spouse, not exceeding the value determined under subsection (2).

Note:          The base amount is used to calculate the entitlement of the non-member spouse under the regulations.



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