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FAMILY LAW ACT 1975 - SECT 90MHA

Superannuation agreement to be included in Part VIIIAB financial agreement if about a de facto relationship

             (1)  A Part VIIIAB financial agreement may include an agreement that deals with superannuation interests of either or both of the spouse parties to the agreement as if those interests were property. It does not matter whether or not the superannuation interests are in existence at the time the agreement is made.

             (2)  The part of the Part VIIIAB financial agreement that deals with superannuation interests is a superannuation agreement for the purposes of this Part.

             (3)  A superannuation agreement has effect only in accordance with this Part. In particular, it cannot be enforced under Part VIIIAB.

             (4)  A superannuation agreement that is included in a Part VIIIAB financial agreement under section 90UB (in contemplation of a de facto relationship) has no effect unless and until the spouse parties enter into that de facto relationship.

             (5)  In applying sections 90UB, 90UC, 90UD and 90UE for the purposes of this Division, a superannuation interest of a spouse party to a Part VIIIAB financial agreement is treated as being acquired at the time when that party first becomes a member of the eligible superannuation plan in respect of that interest.



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