Family Law Act 1975

The operative time for a payment split under a superannuation agreement or flag lifting agreement is the beginning of the fourth business day after the day on which a copy of the agreement is served on the trustee, accompanied by:

if the parties are divorced—a copy of the divorce order that has terminated the marriage; and

if, in the case of a payment split under a superannuation agreement:

the parties are not divorced; and

a separation declaration is not part of the superannuation agreement;

if the agreement specifies a method for calculating a base amount—a document setting out the amount calculated using that method; and

if a form of declaration is prescribed for the purposes of this paragraph—a declaration in that form.

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

For the purposes of subsection (1), the separation declaration must have a declaration time that is not more than 28 days before the service on the trustee.