Superannuation Information Kit

Section 90XZB of the Family Law Act 1975 lets an eligible person (the member, the member's spouse, a person intending to make a superannuation agreement with the member, or a deceased member's or spouse's legal personal representative) apply to the trustee of a superannuation plan for information about a member's interest. The application must be accompanied by a declaration in the prescribed form and any fee the trustee may charge. Under s 102 of the Family Law (Superannuation) Regulations 2025 that declaration is Form 6. A trustee who receives a valid application must provide the information, must not give a spouse the member's address, and must not tell the member that someone else has applied (s 90XZB(3), (5), (6)). The kit bundles Form 6, a request form and two information forms for trustees to complete.

When you need it

• You are negotiating a property settlement or superannuation agreement and need the value or details of your own or your spouse's or de facto partner's super.
• You are a party to financial proceedings and must serve a completed superannuation information form for your own super before the first court date (r 6.06(7)(c) of the Family Law Rules).
• You need information about a retirement savings account, approved deposit fund, eligible annuity or self managed superannuation fund.

1. 1

   Form 6 declaration

   Give your name, postal address and date of birth, the plan, and whether the interest is yours or another member's. State whether you are the member, the spouse, or intending to make a superannuation agreement, and why you need the information. Strike out what does not apply, sign and date. One declaration covers several interests in the same plan.

2. 2

   Superannuation Information Request Form

   Complete one for each interest: the trustee's name and address, the member's name, date of birth and any account or member numbers, where to send the reply (you or your lawyer), whether you want information including or excluding a valuation, and the date the information is sought as at.

3. 3

   Choose the right information form

   Attach the Superannuation Information Form for ordinary funds, or the separate form for self managed superannuation funds. The trustee completes it, or may reply in its own format if it complies with the Regulations.

4. 4

   Send to the trustee

   Send the Form 6 declaration, the request form, the information form and any fee to the trustee. Ask the fund first what it requires and what it charges.

• The kit is sent to the superannuation trustee, not filed with the court.
• If you are a party to financial proceedings, serve a copy of the completed superannuation information form on each other party before the first court date (r 6.06(7)(c)), and for an SMSF also the trust deed and the 3 most recent financial statements (r 6.06(7)(c)(ii)).
• Parties to current property proceedings who do not know which funds the other party holds can request super information held by the Commissioner of Taxation through the Commonwealth Courts Portal, as the court explains.

• A false statement in the Form 6 declaration can lead to a penalty of up to 12 months imprisonment, as the kit warns.
• If you want a valuation at a different date, you need a new request for that date.
• Trustees are not obliged to provide some values (for example of some defined benefit or payment phase interests), so read the notes on the request form.