Chester: 01244 354800
Liverpool: 0151 3210000
  The Law Society Accredited
Emily O'Donnell & Lesley Smythe

Married couples or civil partners can transfer assets between them without triggering an immediate Capital Gains Tax charge.  Divorcing or separating couples continue to benefit from this rule during the tax year in which they separate. After that, transfers take place at market value under the normal CGT rules.

OTS Capital Gains Tax Review: Simplifying practical, technical and administrative issues – GOV.UK (

Given the time it can take to secure a divorce, the Office for Tax Simplification has suggested in its second review of CGT, that the operation of this rule should be extended to the end of the tax year at least two years after the separation event or any reasonable time set for the transfer of assets in accordance with a financial agreement approved by a court (if later).

For full advice on Divorce, Family and Matrimonial matters please contact Lesley Smythe on 01244 354813 or email on

And for guidance on transfers of assets, Trusts, Estates and Wills please contact Emily O’Donnell on 01244 354822 or email her at

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