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financial matters

You may be exempt from paying stamp duty on your property after a divorce.

You may be exempt from paying stamp duty on your property in certain circumstances where there is a breakdown of your relationship.

Before you transfer property between yourself and your former spouse, apply to the Family Court of Australia for Consent Orders to obtain an exemption from paying stamp duty.  We can assist you with the drafting of your Consent Orders.

Each state of Australia varies on the requirements and how to claim the exemption.  For more information relevant to your State, please contact us on enquiries@thelegaldrafter.com.au

2 Comments

2 thoughts on “You may be exempt from paying stamp duty on your property after a divorce.
  1. hi, i am initiating consent orders and after that divorce proceedings against my spouse. if settlement is agreed upon i will leave our premises we purchased together with a settlement of $147,000. is this amount subject to stamp duty? we are in WA.

    1. A nominal amount ($20) of duty is payable where property is transferred between separated couples to comply with a court order by agreement (Consent Orders or as directed by the court). (Office of State Revenue Western Australia).

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