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[Family Law (Divorce) Act, 1996, s35; FA97 s71(1) to (3)]

(1) In this section, “spouse” shall be construed in accordance with section 2(2)(c) of the Family Law (Divorce) Act, 1996.

(2) Notwithstanding any other provision of the Capital Gains Tax Acts, where by virtue or in consequence of an order made under Part III of the Family Law (Divorce) Act, 1996, on or following the granting of a decree of divorce, either of the spouses concerned disposes of an asset to the other spouse, then, subject to subsection (3), both spouses shall be treated for the purpose of the Capital Gains Tax Acts as if the asset was acquired from the spouse making the disposal for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the spouse making the disposal.

(1) In this section, “spouse” shall be construed in accordance with section 2(2)(c) of the Family Law (Divorce) Act, 1996.