Section 97 Certain transfers following the dissolution of a marriage

Summary

This section exempts from stamp duty certain transfers of property between former spouses and civil partners.

Details

(1) All transfers of property from (a) one spouse to the other where those spouses have divorced or (b) one civil partner to the other civil partner where the civil partnership has been dissolved or annulled, and the transfer is made pursuant to a court order referred to in subsection (2) are exempt from stamp duty.

(2)(a) Transfers on foot of the following court orders are exempt:

• a relief order within the meaning of section 23 of the Family Law Act, 1995,
• an order under Part III of the Family Law (Divorce) Act, 1996 or Part 12 of the Civil Partnership and certain Rights and Obligations of Cohabitants Act 2010, or
• a foreign court order or other determination to like effect, made on or after 10 February 2000, under or in consequence of the dissolution of a marriage or civil partnership where the dissolution is entitled to be recognised as valid in the State.

(2)(b) The exemption only applies to transfers between spouses who have divorced each other or former civil partners. If any other person is a party to the instrument the exemption does not apply.

Relevant Date: Finance Act 2014