Document ID: chunk:federal_register_of_legislation:F2022C00987:reg:6
Version: federal_register_of_legislation:F2022C00987
Segment Type: reg
Provision Reference: reg 6
Character Range: 4455–5672

6  Marriage breakdown—creation of interest or transfer of amount
 (1) Subsection (2) prescribes circumstances:
 (a) for the purposes of subparagraph 10A(1)(a)(ii) of the Act, in relation to the creation of an interest in a superannuation fund, an approved deposit fund or an RSA for a non‑member spouse; and
 (b) for the purposes of subparagraph 10A(1)(a)(iii) of the Act, in relation to the transfer of an amount to a superannuation fund, an approved deposit fund or an RSA for the benefit of a non‑member spouse.
 (2) The circumstances are that the interest is created, or the amount is transferred, in such a way that, because of Division 2.2 of the Family Law (Superannuation) Regulations 2001, a later payment in respect of the superannuation interest of the member spouse would not be a splittable payment (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975).
Note: Division 2.2 of the Family Law (Superannuation) Regulations 2001 sets out requirements in relation to the non‑member spouse's entitlement under a superannuation agreement, flag lifting agreement or splitting order. If the requirements of the Division have been satisfied, any future payment would not be a splittable payment.