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State Comparison

Stamp duty exemptions for separation transfers

Every Australian state exempts property transfers between separating couples from stamp duty. But the rules, legislation, and requirements differ. Here is how each state works.

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The critical requirement in every state

Without formal Consent Orders or a Binding Financial Agreement (BFA), there is no stamp duty exemption in any state. An informal agreement between you and your ex does not qualify. Formalising your property settlement is not just legally important - the stamp duty savings alone can be tens of thousands of dollars.

State-by-state comparison

State Legislation Exemption De Facto? Key Requirement
NSWs68, Duties Act 1997Full exemptionYesApply via form ODA070. Refund available if duty already paid.
VICs44(1), Duties Act 2000Full exemptionYesComplete Digital Duties Form via SRO. Transfer must be solely because of relationship breakdown.
QLDDuties Act 2001Full exemptionYesTransfer must be made under a court order or BFA that is in place before the transfer (s424 Duties Act 2001). Self-assessed.
WAs128-133, Duties Act 2008Nominal ($20)YesNominal duty charged (typically $20) rather than full exemption. De facto uses Family Court Act 1997 (WA).
SAs71CA, Stamp Duties Act 1923Full exemptionYesIf not yet divorced, need s71CA Statutory Declaration plus Separation Declaration.
TASDuties Act 2001Full exemptionYesAlso covers motor vehicle transfers. Accepts Relationships Act 2003 (Tas) agreements.
ACTDuties Act 1999Full exemptionYesAlso covers Domestic Relationships Act 1994 transfers (requires independent legal advice certificates).
NTs91, Stamp Duty Act 1978Full exemptionYesWithin 12 months after transfer, a court order or BFA must be finalised. WA has a similar 12-month reassessment window.

What you need to claim the exemption

Regardless of which state you are in, you will need:

How much could you save?

Example savings by state (on a $750,000 property transfer)

StateNormal Stamp DutyWith ExemptionYou Save
NSW~$27,900$0~$27,900
VIC~$40,100$0~$40,100
QLD (home concession rate)~$19,600$0~$19,600
WA~$29,700$20~$29,700
SA~$35,100$0~$35,100
TAS~$28,900$0~$28,900
ACT (owner-occupier rate)~$19,200$0~$19,200
NT~$37,100$0~$37,100

Approximate figures for illustrative purposes, calculated in October 2026 from each revenue office's published general rates on a $750,000 dutiable value (QLD at the home concession rate and ACT at the owner-occupier rate, which apply if you will live in the home). In a separation you are often only transferring part of the property, so actual duty depends on the share transferred and your circumstances. Check your state's calculator or ask your conveyancer.

Common mistakes to avoid

  1. Transferring before the paperwork is in place - In most states, including Queensland, the exemption applies to a transfer made under Consent Orders or a BFA. If you transfer first and formalise later, you may not qualify (some states allow a later reassessment or refund in limited cases).
  2. Not applying for the exemption - The exemption is not automatic in most states. You need to submit an application to your state's revenue office.
  3. Relying on an informal agreement - A handshake deal or even a written agreement that is not a BFA or Consent Orders will not qualify for the exemption.
  4. Missing the 12-month window (NT and WA) - In the Northern Territory, court orders or a BFA must be finalised within 12 months of the property transfer. In Western Australia, a transfer that paid full duty can be reassessed to nominal duty if the orders or agreement come into existence within 12 months.
  5. Forgetting to claim a refund (NSW) - If you already paid stamp duty on a separation transfer in NSW, you can apply for a refund.

How we help

As separation finance specialists, we coordinate the timing of your refinance with your property transfer to ensure you qualify for the stamp duty exemption in your state. We work alongside your family lawyer to align the legal and financial timelines.

State guides

New South Wales Victoria Queensland Western Australia South Australia Tasmania ACT Northern Territory

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