The Senate has finally passed the Family Law Legislation Amendment (Superannuation) Bill, which provides for separating couples to split their super.

According to law firm Abbott Tout, the Family Court will have the ability to split the super itself if the separating couple can’t agree.

The changes are expected to come into effect towards the end of next year. Attorney-General Daryl Williams has suggested that this period will allow super trustees to prepare information and administration systems, although Abbott Tout warned that trustees grappling with the challenges of both the Financial Services Reform Bill and privacy amendments – both due to commence before the end of this year ­– “may be of the view that, for the moment, there are more pressing issues”.