Section 90XH — Family Law Act 1975: Superannuation agreement to be included in financial agreement if about a marriage

(1) A financial agreement under Part VIIIA may include an agreement that deals with superannuation interests of either or both of the spouse parties to the agreement as if those interests were property. It does not matter whether or not the superannuation interests are in existence at the time the agreement is made. (2) The part of the financial agreement that deals with superannuation interests is a superannuation agreement for the purposes of this Part. (3) A superannuation agreement has effect only in accordance with this Part. In particular, it cannot be enforced under Part VIIIA. (4) A superannuation agreement that is included in a financial agreement under section 90B (in contemplation of marriage) has no effect unless and until the spouse parties marry. (5) In applying sections 90B, 90C and 90D for the purposes of this Division, a superannuation interest of a spouse party to a financial agreement is treated as being acquired at the time when that party first becomes a member of the eligible superannuation plan in respect of that interest.