Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2025

Administered by Attorney-General's Department

Legislation au F2025L00281 In force Legislative Instrument

Legislation content

 

Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2025

made under subsections 62(1), 70(1) and 79(1) of the Family Law (Superannuation) Regulations 2025

Compilation No. 1

Compilation date: 10 January 2026

Includes amendments: F2026L00010

This compilation is in 8 volumes

Volume 1: sections 1-9

Volume 2: Schedule 1 (Parts 1-2)

Volume 3: Schedule 1 (Parts 3-4)

Volume 4: Schedule 1 (Part 5)

Volume 5: Schedule 1 (Parts 6-7)

Volume 6: Schedule 2

Volume 7: Schedules 3-4

Volume 8: Schedules 5-10

 Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2025 that shows the text of the law as amended and in force on 10/01/2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1  Name

3  Authority

4  Definitions

Part 2—Methods or factors

5  Approval of methods or factors for valuing particular superannuation interests

6  Approval of transition factor (or methods to be used for determining the transition factor) for determining the amount the non‑member spouse is entitled to be paid in relation to a superannuation interest

7  References in this instrument to the 2001 Regulations

Part 3—Application, saving and transitional provisions

9  Saving—methods or factors for old agreements or orders relating to superannuation interests in the PCSS

 

Part 1—Preliminary

 

1  Name

  This instrument is the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2025.

3  Authority

  This instrument is made under subsections 62(1), 70(1) and 79(1) of the Family Law (Superannuation) Regulations 2025.

Note: See also:

(a) paragraph 90XT(2)(a), subparagraph 90XT(1)(a)(i) and subsection 90XT(3) of the Family Law Act 1975; and

(b) paragraph 90YY(2)(a), subparagraph 90YY(1)(a)(i) and subsection 90YY(4) of that Act.

4  Definitions

Note: Expressions used in this instrument have the same meaning as in the Act and the Regulations (see paragraph 13(1)(b) of the Legislation Act 2003). Some examples are the following, which are defined in Part VIIIB or VIIIC of the Act or in the Regulations:

(a) eligible superannuation plan;

(b) growth phase;

(c) member spouse;

(d) operative time;

(e) payment phase;

(f) payment split;

(g) spouse;

(h) superannuation interest;

(i) trustee.

  In this instrument:

2001 Regulations has the meaning given by subsection 7(1).

Act means the Family Law Act 1975.

old approval instrument means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.

Note: The old approval instrument was repealed by this instrument on 1 April 2025.

Regulations means the Family Law (Superannuation) Regulations 2025.

Part 2—Methods or factors

 

5  Approval of methods or factors for valuing particular superannuation interests

 (1) The methods or factors that:

 (a) are specified in a provision of a Schedule to this instrument that applies to a superannuation interest; and

 (b) are to be used to determine the gross value of the superannuation interest;

are approved for the superannuation interest.

 (2) The approval is for the purposes of:

 (a) if the provision expressly applies to superannuation interests in the growth phase—subsection 62(1) of the Regulations; or

 (b) if the provision expressly applies to superannuation interests in the payment phase—subsection 70(1) of the Regulations; or

 (c) in any other case—subsections 62(1) and 70(1) of the Regulations.

6  Approval of transition factor (or methods to be used for determining the transition factor) for determining the amount the non‑member spouse is entitled to be paid in relation to a superannuation interest

 (1) This section applies for a superannuation interest for which one or more methods or factors are approved under section 5.

 (2) For the purposes of subsection 79(1) of the Regulations:

 (a) if a provision of a Schedule to this instrument specifies the transition factor, or one or more methods for determining the transition factor, that is to be used to determine the amount a non‑member spouse is entitled to be paid in relation to the superannuation interest—that transition factor, or those methods, are approved for the superannuation interest; or

 (b) otherwise—a transition factor of 1 is approved for the superannuation interest.

7  References in this instrument to the 2001 Regulations

 (1) A reference in this instrument to the 2001 Regulations is a reference to the Family Law (Superannuation) Regulations 2001 as in force on 31 March 2025.

 (2) Subsection (1) is a contrary intention to the operation of paragraphs 10(b) and (c) of the Acts Interpretation Act 1901 and paragraph 13(1)(a) of the Legislation Act 2003.

Part 3—Application, saving and transitional provisions

 

9  Saving—methods or factors for old agreements or orders relating to superannuation interests in the PCSS

 (1) This section applies to an agreement or court order made:

 (a) under Part VIIIB or VIIIC of the Family Law Act 1975 on or before 28 September 2023; and

 (b) in relation to a superannuation interest in the retirement scheme constituted by the Parliamentary Contributory Superannuation Act 1948.

 (2) Despite the repeal of the old approval instrument, Part 5 of Schedule 1 to the old approval instrument, as in force on 28 September 2023, continues to apply on and after 1 April 2025 in relation to determining the gross value of the superannuation interest, whether the operative time in relation to the relevant payment split is before, on or after 29 September 2023.

Note: This section preserves the effect of regulation 5 of the old approval instrument.

Overview

The Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2025 is a legislative instrument that was introduced to establish approved methods and factors for valuing particular superannuation interests within the context of family law in Australia. Enacted under the authority of subsections 62(1), 70(1), and 79(1) of the Family Law (Superannuation) Regulations 2025, this instrument was made by the relevant legislature to address the need for clear and consistent valuation methods for superannuation interests in family law proceedings. The policy objective of this Approval is to ensure that the valuation of superannuation interests in the context of family law is conducted in a manner that is fair, consistent, and in accordance with legislative requirements, thereby providing clarity and predictability for both legal practitioners and clients dealing with family law matters involving superannuation. This legislative instrument provides the framework for the approval of specific methods and factors to be used in determining the gross value of superannuation interests, whether in the growth or payment phase, and includes provisions for the determination of transition factors for non-member spouses. By setting out these approved methods and factors, the Approval aims to streamline the valuation process, reduce disputes, and enhance the efficiency of family law proceedings where superannuation interests are at issue. The Approval also includes transitional provisions to ensure continuity in the application of valuation methods for existing agreements and orders, thus maintaining the integrity and enforceability of prior legal determinations.

Scope and Application

The Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2025 governs the methods and factors used for valuing specific superannuation interests within the framework of family law, particularly when disputes arise over the division of superannuation benefits during divorce or separation proceedings. This legislative instrument applies to the valuation of superannuation interests as defined in the Family Law Act 1975 and the Family Law (Superannuation) Regulations 2025, and it pertains to both superannuation interests in the growth phase and the payment phase. The approval of these methods and factors is essential for determining the gross value of superannuation interests in family law matters, impacting the financial settlement between separating spouses. The legislation's reach is confined to the Commonwealth jurisdiction, impacting entities and individuals involved in family law proceedings that involve superannuation. There are no specific exclusions or thresholds mentioned within the text, but the application is saved for agreements or court orders relating to superannuation interests in the Parliamentary Contributory Superannuation Scheme that were made before the instrument's commencement. The Family Law (Superannuation) Regulations 2025 may extend or modify the application of this approval through subordinate instruments.

Key Provisions

The Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2025, made under sections 62(1), 70(1), and 79(1) of the Family Law (Superannuation) Regulations 2025, establishes the methods and factors for valuing particular superannuation interests. Section 5 approves specific methods or factors for determining the gross value of superannuation interests, whether in the growth or payment phase, as detailed in the relevant schedules to this instrument (Section 5(1)). The approval is contingent on the nature of the superannuation interest and the applicable provisions of the regulations (Section 5(2)). Furthermore, Section 6 addresses the approval of transition factors or methods for determining the amount the non-member spouse is entitled to be paid in relation to a superannuation interest, with a default transition factor of 1 if no specific methods or factors are provided (Section 6(2)). Entities and individuals governed by this Act must adhere to the approved methods and factors for valuing superannuation interests. This includes using the specified methods or factors for determining the gross value of superannuation interests as outlined in the schedules to this instrument (Section 5). Additionally, trustees and other relevant parties must comply with the approved transition factor or methods for calculating the non-member spouse’s entitlement, ensuring consistency and fairness in their calculations (Section 6). The Act also requires that any agreements or orders made before 28 September 2023, relating to superannuation interests in the Parliamentary Contributory Superannuation Scheme, continue to be governed by the old approval instrument's methods or factors (Section 9). Breach of the provisions outlined in this instrument may result in various consequences. While the Act does not explicitly state penalties for non-compliance, any actions that contravene the approved methods or factors for valuing superannuation interests could potentially lead to disputes or legal actions. This may include the need for re-evaluation and correction of superannuation valuations, potentially incurring additional costs and liabilities for the parties involved. Furthermore, failure to adhere to the approved transition factors could result in incorrect payments to non-member spouses, leading to further legal and financial repercussions.

Legal classification tags

Area of Law
Family Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.