How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5740
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Type Your Australia Law Question Here...
Daniel is online now
A new question is answered every 9 seconds

Hi, I am separated from my wife and need to buy her out

This answer was rated:


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 4 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.
Daniel and other Australia Law Specialists are ready to help you