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Break-up of marriages and other relationships

Section 68 of the Duties Act 1997 provides an exemption for transfers, or an agreement or transfer of property due to a break-up of marriage, de facto relationship or domestic relationship.

To qualify, the transfer must be made under a relevant agreement or court order.

Liability date

The instrument is liable to duty from the date of its first execution, as specified in section 12 and section 295 of the Duties Act 1997.

Liable party

In accordance with section 9 of the Duties Act 1997, duty (where applicable) is payable by the transferee.

When is duty payable

In accordance with section 17 of the Duties Act 1997 duty must be paid within three months from the liability date. An instrument remains liable for duty until all conditions are satisfied and an exemption is granted.

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