Jason Given
Director & Mortgage Broker at Lendology. MFPA designated, MFAA member. Specialises in separation finance across Australia.
By Steve Chin · April 2026 · 5 min read
When property is transferred between separating partners as part of a formal property settlement in South Australia, stamp duty may be waived entirely. This exemption can save tens of thousands of dollars - on a $800,000 property, stamp duty would normally be approximately $37,830.
The stamp duty exemption applies when property is transferred between parties as part of:
The exemption applies to both married and de facto couples. It covers the transfer of the property title from joint names to one party's sole name, or from one party to the other.
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Book a confidential chatTo claim the exemption, your conveyancer or solicitor submits the exemption application to RevenueSA along with a copy of the Consent Orders or BFA. The exemption must be claimed at the time of transfer - it cannot be applied retrospectively.
If you are buying a NEW property after separation (not transferring the existing one), standard stamp duty applies. First home buyer concessions may apply if you qualify. Also, informal agreements without Consent Orders or a BFA do not qualify for the exemption.
Source: RevenueSA - stamp duty exemptions for property settlements. Always confirm current rules with your solicitor.
On a $800,000 property in SA, standard stamp duty is approximately $37,830. The separation exemption saves the full amount - the transfer is processed with zero stamp duty payable.
Yes - the exemption applies to any property transferred as part of a formal settlement, including investment properties. The exemption is based on the settlement mechanism, not the property type.
Probably not, if the transfer is under a court order or formal financial agreement.
In South Australia, transfers of property between separating partners are exempt from stamp duty when made pursuant to Consent Orders, a Binding Financial Agreement, or a court order under the Family Law Act. Informal agreements do not qualify.
Yes, the exemption can apply to any property transferred as part of a formal separation agreement.
It is not limited to the family home. If an investment property is being transferred as part of your settlement under formal orders, your conveyancer can confirm the exemption applies.
We are not just explaining the process. We arrange the actual finance: refinancing into your sole name, funding a partner buyout, or setting up a new loan independently after settlement. We work with a panel of over 60 lenders to find the one that fits your situation.
Once the legal side of your property settlement is resolved, the next step is usually a financial one. That is where we come in.
Jason and Steve also help clients with first home loans, refinancing, and investment lending at lendology.com.au.
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