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 |
|---|---|---|---|---|
| NSW | s68, Duties Act 1997 | Full exemption | Yes | Apply via form ODA070. Refund available if duty already paid. |
| VIC | s44(1), Duties Act 2000 | Full exemption | Yes | Complete Digital Duties Form via SRO. Transfer must be solely because of relationship breakdown. |
| QLD | Duties Act 2001 | Full exemption | Yes | Transfer must be made under a court order or BFA that is in place before the transfer (s424 Duties Act 2001). Self-assessed. |
| WA | s128-133, Duties Act 2008 | Nominal ($20) | Yes | Nominal duty charged (typically $20) rather than full exemption. De facto uses Family Court Act 1997 (WA). |
| SA | s71CA, Stamp Duties Act 1923 | Full exemption | Yes | If not yet divorced, need s71CA Statutory Declaration plus Separation Declaration. |
| TAS | Duties Act 2001 | Full exemption | Yes | Also covers motor vehicle transfers. Accepts Relationships Act 2003 (Tas) agreements. |
| ACT | Duties Act 1999 | Full exemption | Yes | Also covers Domestic Relationships Act 1994 transfers (requires independent legal advice certificates). |
| NT | s91, Stamp Duty Act 1978 | Full exemption | Yes | Within 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:
- Consent Orders approved by the Federal Circuit and Family Court of Australia (or WA Family Court), OR
- A Binding Financial Agreement (BFA) under the Family Law Act 1975, prepared with independent legal advice
- The relevant application form from your state's revenue office
- Evidence of the relationship breakdown (divorce order, separation declaration, or statutory declaration)
How much could you save?
Example savings by state (on a $750,000 property transfer)
| State | Normal Stamp Duty | With Exemption | You 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
- 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).
- 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.
- 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.
- 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.
- 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.