What changed on 1 April 2025 — and when a 2001-basis valuation should be redone.
The Family Law (Superannuation) Regulations 2025 commenced on 1 April 2025 and replaced the 2001 Regulations. Valuation methods and factors were updated at the same time. Any valuation still relying on the 2001 basis should be checked.
The short answer
Superannuation splitting is governed by the Family Law Act 1975 (Part VIIIB for married couples, Part VIIIC for de facto couples). How a super interest is valued for that purpose is set by the Family Law (Superannuation) Regulations 2025 and the accompanying 2025 Methods and Factors Approval instrument. The 2001 Regulations no longer apply to new valuations.
Who is affected most
- Defined benefit members (CSS, PSS, MSBS, DFRDB, state schemes, judicial pensions) — values depend on prescribed factors, which were updated.
- Pensions already in payment — valued as income streams using prescribed factors.
- Accumulation members — generally still valued at the withdrawal benefit; less affected.
When to redo a 2001-basis valuation
- The valuation date is on or after 1 April 2025.
- The matter has not settled and orders have not been made.
- The interest is defined benefit or a pension in payment.
Pre-relationship contribution evidence (the roll-forward of what a party brought in) is weighed under s 79(4)(a) and is not itself a Regulations value — but every report should cite the current instrument.
Official sources
Need a 2025-basis valuation?
Accumulation reports are a fixed A$495 + GST, 5 business days. Defined benefit and expert-witness work is quoted within one business day.