How we help in South Australia
Whether you are in Adelaide or regional SA, 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 our home base, we have deep relationships with SA family lawyers, conveyancers, and financial advisers. Adelaide's property market remains more affordable than the eastern capitals, making sole-income refinancing more achievable. SA's FHOG rule explicitly excluding your ex's ownership history is a significant advantage for separated people looking to start fresh.
Stamp duty exemption in South Australia
Section 71CA, Stamp Duties Act 1923 (SA)
Full exemption from stamp duty for instruments giving effect to a Family Law agreement or court order. If not yet divorced, a Section 71CA Statutory Declaration plus a Separation Declaration under s90DA of the Family Law Act is required. If divorced, just provide the divorce order.
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 South Australia
$15,000 for new homes up to $650,000
SA has a particularly favourable FHOG rule for separated people: your ex-spouse's property ownership is explicitly NOT counted against your application after separation. This is clearer in SA than most other states.
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 South Australia
Federal Circuit and Family Court of Australia (FCFCOA)
SA family law matters are handled by the FCFCOA registry in Adelaide.
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 SA
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 South Australia
Legal aid
Legal Services Commission of SA - 1300 366 424
Crisis support
DV Crisis Line SA - 1800 800 098
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: