Finance (No. 2) Act, 2000

Exemption for certain property following upon dissolution of marriage, etc.

13.—(1) Any interest in residential property to which an individual is beneficially entitled in possession on the relevant valuation date, and which does not qualify for relief under subsection (1) of section 7 , shall not be relevant residential property of that individual on that date where—

(a) that individual is or was one of the parties to a marriage,

(b) that residential property was occupied on that date by the other party to that marriage as his or her only or main residence, and

(c) a decree of divorce or a decree of judicial separation has been granted on or before that date in respect of that marriage.

(2) In this section—

“decree of divorce” means a decree under section 5 of the Family Law (Divorce) Act, 1996 , or any decree to like effect that was granted under the law of a country or jurisdiction other than the State and is recognised in the State;

“decree of judicial separation” means a decree under section 3 of the Judicial Separation and Family Law Reform Act, 1989 , or any decree to like effect that was granted under the law of a country or jurisdiction other than the State and is recognised in the State.