What is the remarriage trap?

The remarriage trap is a legal “trap” that prevents a divorced person who has remarried (without first finalising a financial settlement), from being allowed to make financial claims against their ex. Falling into the remarriage trap can mean a loss of rights to claim a share of the family home, lump sums from investments, spousal maintenance, or other assets from the previous marriage.

The best way to avoid falling into the remarriage trap is to finalise all financial matters with your ex-spouse before remarrying by obtaining a court approved order.