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GAZETTE
APRIL 1985
to the Court Order or the parties are still husband and
wife, and Capital Gains tax provided they are still
husband and wife and living together. Special exemptions
from Capital Gains tax apply in respect of the
matrimonial home. If the Property Transfer Order relates
to the matrimonial home, and if this is mortgaged, it is
important to arrange matters to obtain maximum tax
advantage. In the same way, where children are involved,
care should be taken to ensure that full advantage is taken
of each child's personal tax allowance.
Costs
Costs as between the parties will usually follow the
application. If the divorce is uncontested, and if the
parties should readily agree on the ancillary matters, the
actual costs should be fairly small.
Legal Aid
Legal Aid is not, in fact, available for the divorce itself,
except on a very limited scheme designed simply to cover
the initial interview. However, Legal Aid is available
(subject to a means test) for ancillary matters. It is these
ancillary matters, i.e., disputes over children or finance,
which normally take up most time and which, therefore,
form a greater part of costs. If a party is eligible for Legal
Aid it is important to bear in mind that the English Law
Society, who operate Civil Legal Aid, is entitled to a
charge on any property which is transferred to or retained
by the legally aided party.
•
(This article is only intended to give a general outline of
the law relating to divorce in England and qualified advice
from an English lawyer will be necessary in particular
cases.)
* Mr. Moloney is an English solicitor now practising in Dublin.
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