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Declaration of trust pursuant to breakdown of relationship - Exemption (unidentified or non-dutiable property)

Channel: ELM
Section: s38 (2)
Lodgement category: Complex declaration of trust over non-dutiable property

Circumstances/Transactions

A declaration of trust that has been made due to the breakdown of the marriage or domestic relationship of the settlor. 

Evidence

  1. A copy of the order of the Family Court, if one exists
  2. A statutory declaration by the settlor stating:
    1. The capacity of the person making the declaration
    2. Whether the declaration of trust is made by reason of the breakdown of the marriage or domestic relationship of the settlor
    3. Whether the settlor is or was a party to the marriage or domestic relationship
    4. Whether any person other than a party to the marriage or domestic relationship, or a child of one or both of the parties to the marriage or domestic relationship is a beneficiary under the trust. 

When to lodge

Lodge after settlement through Duties Online

Log in to Duties Online
Updated: 31 October 2025