Tax implications of divorce

KEY POINTS

• Divorce enquiries peak in January and these will have tax implications.
• Property adjustment orders can be made to the matrimonial home.
• Capital gains tax relief must be considered if there is a deferred trust of land on the main residence.
• Check whether the connected persons rules apply to property transfers.
• Stamp duty land tax will not apply to property transfers made under a court order.
• Property transfers before the final divorce could be classed as remittances if money or assets are brought into or enjoyed in the UK.

Less than two weeks into the new year family lawyers will already have faced a flurry of enquiries marking ‘divorce day’. In most years these peak on the first working Monday in January. Although the process from initial enquiry to final divorce can take years the parties – whether they are married or in a civil partnership – should consider...