Under the Family Law Act 1975, your superannuation will technically be considered property if your marriage or de facto relationship breaks down and a family property settlement needs to be reached. A property settlement agreement can be achieved amicably between the two parties with the assistance of a property settlement attorney and property settlement mediation or through a Court order. Whichever route you and your ex-partner decide to take, seeking legal advice from a property settlement solicitor before agreeing to any divorce property settlement agreement is advisable.