FAMILY LAW PROPERTY TRANSFER SERVICES

Property transfers after separation or divorce are usually carried out under a Family Court order or a binding financial agreement. Once this is in place, the settlement agent prepares and lodges the necessary documents to transfer ownership with Landgate. Even if one party is keeping the home, the transfer must still be legally registered. We handle the paperwork and guide you through the process so your property transfer is completed correctly and on time.

In most cases, yes. A Family Court order or a binding financial agreement is required to authorise the transfer of property between separating or divorcing parties. These documents outline who is entitled to retain or receive the property. Once the order or agreement is made, your settlement agent can act on it and complete the legal transfer. We work alongside your lawyer to ensure the order is followed accurately.

Yes. A Family Court order authorises the transfer of property, but it does not complete the legal process on its own. A licensed settlement agent is still required to prepare and lodge the transfer documents with Landgate, ensure stamp duty concessions are correctly applied, and coordinate with banks or lenders if finance is involved. By appointing a settlement agent, you can be confident that the transfer is finalised properly and in line with the court’s instructions.

A settlement agent’s role is to manage the legal and administrative side of the property transfer. This includes preparing transfer documents, lodging them with Landgate, ensuring stamp duty concessions are applied where eligible, and coordinating with banks, lawyers, and the Family Court if necessary. Our job is to protect your interests, reduce stress, and make sure the property is transferred properly under the terms of your agreement or order.

No. Both parties must sign the necessary documents, but they do not need to be physically present together. Your settlement agent will provide documents separately and manage the process so that each party can sign independently. This approach makes the process more comfortable and avoids unnecessary stress.

Yes. If one party is keeping the home and refinancing the mortgage, we liaise with the bank to ensure the existing loan is discharged and the new finance is in place before the transfer is finalised. We coordinate with both the bank and the party retaining the property to make sure the process is handled smoothly and on time.

In many cases, nominal stamp duty of $20.00 is payable. Property transfers carried out under a Family Court order or a binding financial agreement generally attract nominal stamp duty in WA. However, it’s important that the paperwork is prepared and lodged correctly to claim this exemption. We’ll make sure the right documentation is in place so you receive the full concession available.

Yes. Family law property transfers often involve both legal and financial arrangements. We work closely with your lawyer, bank, or mortgage broker to make sure all conditions of the transfer are met and that the settlement process runs smoothly. This coordination helps avoid delays and ensures the transfer is completed in line with your agreement or order.