My wife and I have a New Zealand separation agreement, part of the settlement leaves our Australian house to me . Will the ATO accept our separation agreement for CGT Relief?
248 views
248 views3 replies
3 replies
248 views
3 replies
This thread is archived and the information may not be up-to-date. You can't reply to this thread.
Hi @Consultrax
If the court order is similar to the Family Law Act in Australia then its likely, Have a read of this page - When the relationship breakdown rollover applies.
All replies
Hi @Consultrax
If the court order is similar to the Family Law Act in Australia then its likely, Have a read of this page - When the relationship breakdown rollover applies.
Thanks Ashley, I am asking as while we have the property covered in the agreement, it is immovable, so in not enforceable under NZ law. the agreement is very clear on who receives what property. with the lawyers inserting this clause to highlight "1.1 The parties acknowledge that the Australian Property is outside the scope of the Act and this Agreement. While not binding under New Zealand law, the parties wish to record their intentions regarding the Australian Property."
Howdy @Consultrax,
Since it’s not legally binding in New Zealand. It might be a good idea to consult with a legal expert in Australia. You'll need to ensure that the intentions regarding the Australian property are properly documented.
Featured articles
15 Apr 2026 · 4 min read time
15 Apr 2026 · 8 min read time