How we help in Australian Capital Territory
Whether you are in Canberra or regional ACT, our separation finance service works entirely online. We help with:
- Refinancing to sole name - removing your ex from the mortgage and taking over the loan independently
- Partner buyouts - calculating equity splits and structuring the buyout finance
- Fresh start lending - getting a new home loan after your property settlement
- Consent order timing - coordinating with your lawyer to align the finance and legal timelines
- Stamp duty exemptions - ensuring you do not pay unnecessary duty on separation transfers
Canberra has the highest divorce rate per capita in Australia. With a large public service workforce providing stable incomes, sole-income refinancing is often more straightforward. The ACT's Home Buyer Concession Scheme (up to $35,238 in stamp duty savings) is a valuable alternative to the FHOG for separated people buying an established home.
Stamp duty exemption in Australian Capital Territory
Duties Act 1999 (ACT)
Full exemption from conveyance duty for property transfers under court orders or BFAs. The ACT also covers transfers under the Domestic Relationships Act 1994, which requires a written agreement signed by both parties with certificates of independent legal advice.
Without formal Consent Orders or a BFA, there is no stamp duty exemption. An informal agreement between you and your ex does not qualify. The stamp duty savings alone can be tens of thousands of dollars, which is one of the strongest reasons to formalise your property settlement.
First Home Owner Grant in Australian Capital Territory
No First Home Owner Grant
The ACT does not offer a First Home Owner Grant. Instead, it provides the Home Buyer Concession Scheme offering stamp duty exemptions on properties up to $1,020,000 (full exemption) with concessions capped at approximately $35,238 in savings.
If you previously owned a home with your ex, you may still qualify for the FHOG when buying a new home after separation. The key question is whether you personally lived in a property you owned. We can help you assess your eligibility.
Family Court in Australian Capital Territory
Federal Circuit and Family Court of Australia (FCFCOA)
ACT family law matters are handled by the FCFCOA registry in Canberra.
Time limits: Married couples have 12 months from the date of divorce to commence property settlement proceedings. De facto couples have 2 years from the date of separation. If you miss these deadlines, you may lose your right to claim.
How lenders assess separation borrowers in ACT
When you apply for a home loan after separation, lenders consider:
- Single income serviceability - can you afford the repayments on your income alone?
- Child support received - many lenders accept 80-100% of child support as supplementary income (must be CSA-assessed)
- Child support paid - treated as a fixed expense, reducing your borrowing capacity
- Centrelink payments - Family Tax Benefit and Parenting Payment are accepted by most lenders
- Property valuation - the current value determines your equity position and LVR
- Legal costs - outstanding legal fees may affect your borrowing capacity
Support services in Australian Capital Territory
Legal aid
Legal Aid ACT - (02) 6243 3411
Crisis support
Domestic Violence Crisis Service - (02) 6280 0900 (24/7)
Family Relationship Advice Line
1800 050 321 (Mon-Fri 8am-8pm, Sat 10am-4pm)
National Debt Helpline
1800 007 007 (free financial counselling)
1800RESPECT
1800 737 732 (24/7 DV and sexual assault counselling)
Other states
We help clients across all of Australia. See our state-specific guides: