If you have already obtained a clean break-up regime, remarriage (or cohabitation) will usually have no effect – you have already reached an agreement once and for all. Assets transferred between spouses are exempt from capital gains tax (CGT). This exemption continues to apply during the tax year in which the spouses separate (regardless of the date of the divorce). This document will not be verified by the courts before granting your divorce, but the court will ask if you take the agreement freely and voluntarily, and that you waive your right to a procedure by concluding the agreement. In fact, a private agreement is exactly what most people want to avoid the long, costly and stressful divorce process. It is also important to note that this agreement does not have to wait for the divorce to take effect. Once it has been signed by both parties, the agreement and its terms will be put into effect. A transaction agreement is a legally binding document – we cannot stress this enough! If your situation is complicated or financially complex, when it comes to daycare, child care, child care or heritage services, if you have common assets and debts, if your spouse is challenging one or more issues, then you must at least have your agreement verified by an experienced family lawyer before concluding it. Ideally, each of you will keep a lawyer who will give you independent legal advice on the agreement before signing it and bringing it to justice. When preparing your real estate transaction contract, you need to process a lot of information and discussions. This document does not run and determines your future. Given the impact this document will have on your life, it is important to be careful about the many common mistakes people make in their marital colonization arrangements.
A lawyer can help you avoid these pitfalls and help you understand the things you need and why they are needed. Subsequently, each transfer is normally considered a sale at market value and subject to cGT (if the annual exemption level of the CGT is exceeded). However, the transfer of the family home to the spouse who still lives in that house will, in most cases, remain exempt from the CGT. The transfer of a property under a divorce scheme is also exempt from stamp duty. You can take out life insurance on the life of your former spouse. As part of financial compensation, you can negotiate that your former spouse pays the premiums for this policy. If your spouse pays child support, you can also take out insurance to cover these payments until your children are adults.