Stamp duty exemption
Section 90 of the Family Law Act provides for specified instruments to be exempt from state or territory stamp duty. This list includes “a deed or other instrument executed by a person for the purpose of, or in accordance with, an order made under this Part” (Part VIII – property, spousal maintenance and maintenance agreements).
In New South Wales, section 68 of the Duties Act provides in relation to stamp duty exemptions relating to specified documents executed in accordance with an order of a court made under the Family Law Act and specified documents executed in accordance with a financial agreement made under the Family Law Act.
It is important to note that family law and stamp duty law and related requirements can be complex and that this entry cannot be relied upon as advice or as the basis for action.