---
title: "Superannuation information, valuation and procedural-fairness steps"
url: "https://ailawframework.com/precedents/family-law/superannuation-splitting-steps"
type: "precedent"
site: "AI Law Framework"
id: "a16-superannuation-splitting-steps"
area_id: "A16"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A16-T1-R6"]
law_stated_as_at: "2026-10-22"
---

# Superannuation information, valuation and procedural-fairness steps

> The steps on the Court's superannuation fact sheet for valuing a fund, choosing an agreement or an order, and giving the trustee procedural fairness before a flagging or splitting order.

Canonical page: https://ailawframework.com/precedents/family-law/superannuation-splitting-steps  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Family Law](https://ailawframework.com/precedents/family-law.md)
- Jurisdictions: Australia
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Australia.

## When to use it

Use when a separating couple may split, or must at least disclose, superannuation in a property settlement. It does not draft the split, the lawyer's certificate, or the consent orders.

## Used for these tasks

- [Prepare the retirement-benefit or superannuation-splitting steps list](https://ailawframework.com/practice/family-law/prepare-the-retirement-benefit-or-superannuation-splitting-steps-list.md)

## How AI may be used

AI may turn fund letters into this steps list and diary the 28-day notice; the lawyer chooses the split, the value, and the orders that are put to the trustee.

**AI may:**

- List each fund named on the file and the date information was requested and received
- Diary service of the sealed application and the 28-day notice to the trustee
- Flag a self-managed fund as one the fact sheet says is generally valued with an accountant

**AI must not:**

- Must not draft the splitting or flagging order, the formal agreement, or the certificate of independent legal advice
- Must not treat superannuation as cash available now
- Must not send a request to a trustee, or to the Court for Commissioner-held fund details, unless the lawyer has approved it

**The lawyer checks:**

- Every superannuation interest is disclosed, including interests that will not be split
- The valuation method matches the interest, with an expert where the fact sheet says the trustee's information is not enough
- A flagging or splitting order is not sought until the trustee has been served with the sealed application, response or reply, and has had the 28-day notice of the terms and the trial date
- A sealed copy of the order, once made, is provided to the trustee

## Authorities

- [Federal Circuit and Family Court of Australia, Family law and superannuation (fact sheet 0921V2, August 2022): valuation, Form 6, procedural fairness, and the 28-day notice to the trustee](https://www.fcfcoa.gov.au/fl/pubs/superannuation)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/family-law/superannuation-splitting-steps and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*