How we help in Western Australia
Whether you are in Perth or regional WA, 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
WA is unique in having its own Family Court. De facto couples in WA face different rules than the rest of Australia, particularly around superannuation splitting. Perth property prices have grown over 12% recently, meaning settlements agreed even a year ago may now be significantly undervalued. We work with WA-based family lawyers who understand the local court system.
Stamp duty exemption in Western Australia
Sections 128-133, Duties Act 2008 (WA)
WA charges nominal duty (typically $20) rather than a full exemption for separation property transfers, but the practical effect is the same as zero duty. Must be pursuant to a court order or financial agreement.
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 Western Australia
$10,000 for $750,000 (south of 26th parallel), $1,000,000 (north)
WA offers the FHOG for new homes with generous value caps, particularly for properties in regional and northern WA where the cap extends 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 Western Australia
Family Court of Western Australia
WA is the only state with its own Family Court. The Family Court of Western Australia handles both married and de facto matters, but de facto couples are governed by the Family Court Act 1997 (WA), not the federal Family Law Act. This means some rules around superannuation splitting and other matters differ from the rest of Australia.
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 WA
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 Western Australia
Legal aid
Legal Aid WA - 1300 650 579
Crisis support
Women's DV Helpline - 1800 007 339 (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: