SMSFs Resolving Difficult Family Law and Family Disputes

  • Presentations, Technical Resource
  • Set up & management

National Conference 2025

With around 70% of SMSFs having two members—often spouses or family members—relationship breakdowns can pose significant challenges for SMSF management. As divorce rates exceed 40%, particularly in second or subsequent relationships, SMSFs increasingly face compliance and planning issues during separations. This session will delve into the complexities of managing an SMSF through a relationship breakdown, focusing on the key compliance and tax risks involved in splitting assets.
 
Attendees will explore practical strategies for managing tax documentation, handling superannuation splits efficiently, and navigating the intricacies of base amount versus interest splits, CGT rollovers, and SuperStream requirements. Additionally, the session will address how to resolve disputes and manage trustee departures in the event of irreconcilable breakdowns, ensuring a smooth transition and avoiding costly mistakes.

The contents of this resource are taken to be correct at the time of publication.

Disclaimer: Technical Papers contain general advice only and are prepared without taking into account particular objectives, financial circumstances and needs. The information provided is not a substitute for legal, tax and financial product advice. Before making any decision based on this information, you should assess its relevance to the individual circumstances of your client. While the SMSF Association believes that the information provided is accurate, no warranty is given as to its accuracy and persons who rely on this information do so at their own risk. The information provided in this bulletin is not considered financial product advice for the purposes of the Corporations Act 2001. © SMSF Association