For a transaction that is effected by, or in accordance with, a matrimonial instrument or a de facto relationship instrument, provide:
- the transaction record (such as a transfer of land)
- a completed Foreign Transfer Duty Declaration Form
- if you were married - a copy of either:
- a maintenance agreement registered under section 86 of the Family Law Act 1975 or approved under section 87 of that Act
- a financial agreement made under sections 90B, 90C or 90D of the Family Law Act
- a splitting agreement under Part VIIIB of the Family Law Act or
- an order of a court under the Family Law Act
- if you were in a de facto relationship - a copy of either:
- a financial agreement or former financial agreement as defined in section 205T of the Family Court Act 1997
- an order of a court under
- Part 5A of the Family Court Act or Part VIIIC of the Family Law Act
- a law of the Commonwealth or another state or territory that substantially corresponds to those Parts or
- a splitting agreement if it is:
- a superannuation agreement (defined by 90YK of the Family Law Act) that has effect under Part VIIIC of the Family Law Act or
- a flag lifting agreement (defined by section 90YS of the Family Law Act) that has effect under Part VIIIC of the Family Law Act.
- if the property is to be transferred to a child of either party - an extract of the birth certificate of that child. If it's being transferred to a trustee of the child, also provide a copy of the document that shows the trustee relationship
- if the property is to be transferred to a trustee of a superannuation fund - a copy of the superannuation trust deed
- any other information that may assist us to assess the duty
An assessment of duty will not be issued until all required information is provided.
