How we help in New South Wales
Whether you are in Sydney or regional NSW, 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
As Australia's largest property market, separation finance in NSW often involves significant equity. Sydney's median house price exceeds $1.6 million, meaning property settlements frequently involve buyouts of $500,000 or more. Many couples also hold investment properties that complicate the settlement.
Stamp duty exemption in New South Wales
Section 68, Duties Act 1997 (NSW)
Full exemption from transfer duty for property transfers following the breakdown of a marriage or de facto relationship. Must be pursuant to Consent Orders or a Binding Financial Agreement. Apply via Revenue NSW form ODA070. If duty was already paid, you can claim a refund.
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 New South Wales
$10,000 for new homes up to $600,000
NSW also offers stamp duty exemptions for first home buyers on properties up to $800,000 (full exemption) and concessions up to $1,000,000.
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 New South Wales
Federal Circuit and Family Court of Australia (FCFCOA)
All family law matters in NSW are handled by the FCFCOA. Property settlement follows the standard four-step process under the Family Law Act 1975.
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 NSW
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 New South Wales
Legal aid
Legal Aid NSW - 1300 888 529
Crisis support
NSW Domestic Violence Line - 1800 656 463 (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: