Family Law Act 1975

If the non‑member spouse serves a waiver notice on the trustee in respect of a payment split, then the following provisions apply for each splittable payment that becomes payable after the date specified in the waiver notice:

the non‑member spouse is not entitled to be paid any amount under the payment split in respect of the splittable payment;

the entitlement of the person to whom the splittable payment would have been made but for the payment split continues to be reduced in the same way as it would have been reduced if the entitlement of the non‑member spouse had not been terminated.

X has a superannuation interest that is subject to a 50:50 payment split in favour of Y. Y serves a waiver notice on the trustee, in exchange for a lump sum payment made by the trustee to another fund for the benefit of Y. The effect is that X’s payments will continue to be reduced by half, but Y will receive no further payments under the payment split.

To be effective for the purposes of this section, a waiver notice must be in the prescribed form and must be accompanied by:

a statement to the effect that the non‑member spouse has been provided with independent financial advice from a prescribed financial adviser as to the financial effect of the waiver notice; and

a certificate signed by the person who provided the financial advice, stating that the advice was provided.