Going to court over superannuation?
If you and your ex-partner cannot agree on how to split the superannuation, either party can initiate an application in Courts. If there is an ongoing property settlement matter in courts, you can make the superannuation split part of the ongoing property settlement.
However, best endeavours must be taken to solve the dispute out of courts through mediation or by entering into an agreement.
It is your choice to either include superannuation in the non-superannuation pool or to consider it as a separate pool.
Factors such as availability of children, whether one party has little or no superannuation, age of the parties, primary carer of the children are few factors considered when determining a superannuation order.