Money and property after divorce

When a couple divorces or separates, they need to agree how their finances will be divided. This can include property, pensions, savings, investments and maintenance payments. Where possible, reaching an agreement without going to court can be quicker and less expensive. In England and Wales, however, an agreed division of assets will generally need to be approved by a court through a consent order if the couple want the agreement to be legally binding.

Tax is an important consideration when restructuring assets. Under current Capital Gains Tax rules, separating spouses and civil partners are given an extended period during which assets can be transferred between them on a "no gain, no loss" basis, meaning that no immediate Capital Gains Tax (CGT) liability arises. The normal period runs until the earlier of the end of the third tax year following the tax year in which the couple ceased living together, or the date on which their divorce, annulment or civil partnership dissolution becomes final.

There is an important further concession. Where assets are transferred between former spouses or civil partners in accordance with a formal divorce or separation agreement or court order, no gain/no loss treatment can apply without a time limit. This means that qualifying transfers may still benefit from the relief even where they take place some years after the couple separated.

No gain/no loss treatment does not normally eliminate the underlying capital gain. Broadly, the person receiving the asset takes over the transferring partner's CGT base cost, so the accumulated gain may become taxable when the recipient eventually disposes of the asset. Special rules can also apply to the former matrimonial home, including provisions affecting Private Residence Relief.

Anyone dealing with significant matrimonial assets should therefore take specialist legal and tax advice before assets are transferred. The timing and terms of the divorce or separation agreement can have important consequences for the eventual tax position.

Source:HM Revenue & Customs | 14-09-2026
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Aitch
I'm Aitch, the Founder and CEO of CIGMA Accounting Ltd. As a Chartered Management Accountant and as a CIMA member, I've spent more than 16 years helping businesses, entrepreneurs, landlords, and individuals with tax planning, accounting, and HMRC compliance. As a chartered accountant in London, I'm passionate about making complex tax matters easier to understand and helping clients make confident financial decisions. Over the years, I've advised start-ups, SMEs, established companies, and high-net-worth individuals across a wide range of tax and accounting matters. My expertise includes Corporation Tax, Self-Assessment, Capital Gains Tax, Inheritance Tax planning, R&D tax relief, capital allowances, international tax, and resolving complex HMRC compliance issues. Whether clients need a business accountant, tax accountant, or strategic tax advisor, my focus is always on delivering practical advice that creates long-term value. One of my specialist areas is Making Tax Digital (MTD). I've worked extensively with businesses preparing HMRC's digital reporting requirements, helping them move to cloud accounting, improve financial processes, and adopt technology that makes compliance more efficient. I regularly speak at Making Tax Digital roadshows, industry events, and educational sessions in collaboration with Zoho Books, sharing practical insights into digital accounting, tax legislation, and the future of the profession. Many business owners looking for the best accounting firm in London are not simply searching for an accountant they're looking for trusted advice, responsive support, and long-term value. That's the approach I've taken in building CIGMA Accounting. My team and I work closely with businesses across London and the UK, providing accounting services, tax advisory, bookkeeping, payroll, VAT, company accounts, and strategic tax planning tailored to each client's goals. Through this website, I share practical guidance on UK taxation, Making Tax Digital, HMRC updates, Corporation Tax, Self-Assessment, and business finance. My aim is to provide reliable, straightforward information that helps business owners understand changing regulations, reduce compliance risks, and make informed financial decisions with confidence.