Family Law (Superannuation) Regulations 2025
40Application of this Division—agreements specifying a percentage
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40 Application of this Division—agreements specifying a percentage
(1) This Division applies to a payment split under a superannuation agreement or flag lifting agreement in relation to a superannuation interest of a member spouse if: (a) the interest is a percentage‑only interest; and (b) the agreement specifies a percentage that is to apply for the purposes of subparagraph 90XJ(1)(b)(i) or 90YN(1)(b)(i) of the Act. (2) For the purposes of paragraph 90XJ(4)(b) or 90YN(4)(b) of the Act, this Division enables the calculation of the amount that the non‑member spouse is entitled to be paid in respect of a splittable payment that becomes payable in respect of the interest.