Form 6 Superannuation Family Law: How to Request a Super Valuation for Divorce

What Form 6 Actually Is

Form 6 — officially the Superannuation Information Request Kit — is the regulatory mechanism for obtaining a formal valuation of a super fund member's interest during family law proceedings. Under the Family Law (Superannuation) Regulations, you cannot split superannuation without first obtaining this valuation from the fund trustee.

The form requests three things from the super fund: the current value of the member's interest, a statement of the "splittable payment" (the amount legally available for division), and information about whether the fund's trust deed permits a base amount or percentage split.

For accumulation funds (the most common type — AustralianSuper, REST, Hostplus, GESB), the current member balance is usually the valuation figure. For defined benefit schemes, the calculation is far more complex, involving actuarial methodology prescribed by the Regulations.

Who Can Submit Form 6

Either party to the relationship can request a valuation — the member spouse or the non-member spouse. If you are the non-member spouse (your ex holds the super), you have a statutory right to request this information. The fund cannot refuse on privacy grounds during active family law proceedings.

You can also have your solicitor submit it on your behalf, or include it as part of a broader financial disclosure process through the court.

How to Complete and Submit Form 6

Step 1: Identify every super fund involved. Check your ex-partner's most recent member statements, ATO records (via myGov), and any financial disclosure documents filed with the court. Most Australians have multiple super accounts — the average is 1.4 per person, but separated couples often have 3-5 between them.

Step 2: Download the Superannuation Information Request Kit. The kit includes the Form 6 Declaration plus a Superannuation Information Request Form. Each fund has its own version — check the fund's family law or separation page for their specific template.

Step 3: Complete the declaration. You must provide:

• Full name and date of birth of the member
• The member's fund account number
• Evidence that family law proceedings are on foot (a filed application number or statutory declaration)

Step 4: Submit to the fund trustee. Send the completed form directly to the super fund's family law team — not the general enquiries mailbox. Major funds have dedicated family law processing addresses.

Step 5: Wait for the response. The fund must respond within 28 days. The response includes the regulated valuation and any conditions on the split (minimum transfer amounts, whether the fund permits a percentage or base amount split, and administrative fees).

The 28-Day Trustee Notification Rule

This is the critical timing trap. Once you have the Form 6 valuation and have drafted your proposed splitting orders (whether by consent or through litigation), you must serve the draft orders on the fund trustee at least 28 days before filing the Application for Consent Orders or attending the court hearing.

This 28-day window gives the trustee time to:

• Verify the orders are technically executable under the fund's trust deed
• Confirm the split amount or percentage is within the fund's capabilities
• Issue a "no objection" letter (or raise formal objections)

If the trustee does not respond within 28 days, you may proceed on the basis of deemed consent — but you must file proof that you served the notice and note the lack of response.

Common Mistakes That Cause Rejections

• Submitting to the wrong fund. If your ex has changed employers or consolidated accounts, the old fund may no longer hold the balance. Check ATO records for current fund details.
• Missing the account number. Generic requests without a member number are returned unprocessed by most funds.
• Not providing evidence of proceedings. The fund will not release valuation information to a random person — you need proof that family law proceedings exist or are contemplated.
• Confusing Form 6 with the splitting order itself. Form 6 gets you the valuation. The actual split requires separate Consent Orders or court orders filed after the 28-day trustee notice period.

Western Australia: The FCWA Difference

In WA, superannuation splitting orders for married couples are filed through the Family Court of Western Australia (not the national FCFCOA). De facto couples can only split super if they separated on or after 28 September 2022 — before that date, the Family Court Act 1997 (WA) treated super as a financial resource only, not a splittable asset.

The Western Australia After-Divorce Checklist includes a complete super splitting roadmap covering Form 6 submission to major WA funds like GESB, the 28-day trustee notification sequence, and how to draft splitting orders that the FCWA will approve.

See more Western Australia guides →