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Havilah Legal

Havilah Legal

Maylands, Australia

Founded in 1998
10 people in their team
About Havilah LegalFamily, Succession, Business & Litigation LawyersOur lawyers operate across a range of areas. These include Family Law and...
English

About Retirement Law in Maylands, Australia

Retirement law in Maylands, Australia primarily revolves around the superannuation ('super') system, a government-regulated compulsory system of saving for retirement. Employers are required to contribute a minimum percentage of your earnings (currently 9.5%) to your super fund. Additionally, there are specific laws regarding accessing your super, taxes upon withdrawal, and how your super may be divided in the case of separation or divorce. These laws are enforced federally, but local legal professionals can help you navigate the complexities of these rules in Maylands.

Why You May Need a Lawyer

Retiring brings about several legal issues that one may need assistance with. For instance, you may need help understanding the specifics of your super fund, especially when it comes to accessing your money and how income from super is taxed. A thorough understanding of these aspects can help maximize your retirement savings. Additionally, if you're going through a separation or divorce, you may need a lawyer's assistance in the division of your super fund. Lastly, you may need legal advice on preparing your will and estate planning. A lawyer can provide invaluable advice and expertise in these areas.

Local Laws Overview

As mentioned, superannuation laws are primarily federal, but they include some locally important specifics. For instance, you can typically access your super when you reach your preservation age (between 55 and 60, depending on when you were born) and retire, under a transition to retirement strategy, or when you turn 65, even if you’re still working. However, the specifics depend on your fund and circumstances, making it crucial to get expert advice. Tax laws for super payments also vary depending on factors like your age and the quantity of the payment, which can be complex to navigate alone.

Frequently Asked Questions

When Can I Access My Super?

Typically, you can start accessing your super when you reach your preservation age and retire, under a transition to retirement strategy, or when you turn 65—even if you're still working. The exact age depends on your birth year.

Will My Super Be Taxed Upon Withdrawal?

Super income stream payments are tax-free when you are 60 or over. If you are between your preservation age and 59, the taxable component of the income streams may be taxed, but a 15% tax offset applies.

Does My Super Get Divided if I'm Getting a Divorce?

Super is a significant marital asset that is considered when property division is decided in separation and divorce cases.

Are There Any Retirement Village Laws in Maylands?

Yes. Retirement village laws, governed by the Retirement Villages Act 1992 and other fair trading legislation, are primarily centered on resident rights, contractual information, dispute resolution and financial matters.

Can I Contribute More Than The Compulsory Super Contribution?

Yes. You, your employer or others can make voluntary contributions to your super fund in addition to compulsory super guarantee contributions.

Additional Resources

The Australian Securities and Investments Commission (ASIC) and the Australian Taxation Office (ATO) both have comprehensive sections on their websites dedicated to retirement, super, and related topics. The Department of Social Services also provides information about government support during retirement. Additionally, local legal clinics, senior associations, and non-profit organisations can provide assistance and information.

Next Steps

If you need legal assistance concerning your retirement in Maylands, start by researching and contacting local law firms specializing in retirement and superannuation law. A qualified local attorney will help you navigate the complex landscape of retirement laws to ensure that your interests are well-protected and that you make the most out of your super and retirement benefits.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.