VIC Avoid going to court for the property settlement after 12mths has passed sicne divorce

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Tim W

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28 April 2014
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AMICA is a pretty OK tool.

I don't often give hard line advice, but I will this time:
--> Do a BFA.
 
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Countryboy

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12 June 2021
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Great! Thank you.

Can I request superfund to release part of my fund to pay my ex. (to her fund) just by providing them the BFA?
 

Atticus

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6 February 2019
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Can I request superfund to release part of my fund to pay my ex. (to her fund) just by providing them the BFA?
Bit more to it then that .... The Fund trustee needs to be given procedural fairness. Pretty much just a formality in most cases, but the trustee will need to be served 28 days before you sign the BFA, & you'll need to provide proof of divorce as well ...

Your Lawyers will explain & take care of the detail when you inform them that you want to include a super splitting agreement as part of the BFA
 
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Countryboy

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12 June 2021
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It's my SMSF and I am the sole director, trustee and beneficiary etc.
I guess that makes it much easier to proceed. I have requested more information from the SMSF accountant.
 

Tim W

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28 April 2014
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It's my SMSF and I am the sole director, trustee and beneficiary etc.
I guess that makes it much easier to proceed.
There are still rules.
There are numbers of people who think that "self managed" means "can do whatever you want".
Good to hear that you know better.
I have requested more information from the SMSF accountant.
Prudent move, yeah.
 
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Countryboy

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Instruction from the accountant: Please submit a stamped copy of the orders. Next, we’ll verify that the fiscal year 2024 has been fully accounted for. Additionally, we’ll prepare interim accounts to assess member balances. Finally, we’ll proceed with the split according to the specified orders.
Glad to know it's posible and could be handled by them fairly straightforward.
 

lostinspace

Well-Known Member
25 November 2023
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Yeah, best you follow proper advice and keep copies of it all. The last thing you want is something coming undone at a future point due to not following current rules.

TBH I would have done a BFA and then had court stamp consent orders based on that BFA. But I am no lawyer.
 
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