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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 4871
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Hi, I am separated from my wife and need to buy her out

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I am separated from my wife and need to buy her out of the property I am now living in. We intend on divorcing and have agreed a settlement amount. I need to know if I can settle on the property prior to the court decision and still have the settlement fall under an order of the court at a later time?

If not, can you please advise which documents I need to submit for the divorce / settlement? as I do not have much money for lawyers I'm afraid.

Thank you

John Hedges

You can buy her out at anytime.

You can also have the money held in trust until the court date to finalize the matter formally, or have consent orders signed confirming that the transaction is made.

If you guys agree, simply sign and fill out the form

Please accept
Customer: replied 3 years ago.

If we do settle prior, con the settlement still be considered an order of the court and therefore waive any stamp duty payable on the transfer property of title?


I mean, the settlement amount is agreed and amicable, we will be divorced, though if we transact the value of the settlement, before the court signs off, will I still be eligible to waive associated stamp duties.




Agree, sign the orders, file them in court, they become court made orders, no stamp duty.

Done all the time.

Please accept.
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