Does remarriage affect financial claims?
Remarriage after a divorce or dissolution can significantly affect financial claims related to the previous marriage or civil partnership. This is called 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 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.
How long can I remarry after divorce?
Once you have received your Final Divorce Order (previously called the Decree Absolute), you can remarry immediately. The Final Divorce Order legally end your previous marriage or civil partnership.
In the United Kingdom there is no mandatory waiting period from when your previous marriage ended to being able to get married again.
Doesn’t the divorce process automatically deal with financial matters?
A Final Divorce Order in ONLY brings a marriage to an end. It does not deal with financial matters. Financial matters must be dealt with separately. It is important to remember there is NO time limit to finalise financial matters following divorce or dissolution.
In a 2023 case, a wife was allowed to make a financial claim against her husband 29 years after their divorce. Accordingly, unless you have an Order dealing with financial matters approved by the Court – financial claims are still alive.
How can a financial agreement be made legally binding?
To make an agreement legally binding, you need to include the terms of the financial agreement into a formal legal document called a Consent Order. The Consent Order is then sent to the Court dealing with the divorce or dissolution. Once the Consent Order is reviewed and approved by a Judge, the agreement will become legally binding and enforceable in law.
What rights will be lost if a person falls into the remarriage trap?
By remarrying, a person will lose the right to make the following financial claims against their former spouse:
- Lump sum payments
- Property adjustment orders
- Spousal maintenance orders
The only financial claim that remains available after remarriage is for a pension sharing order.
What are the implications of falling into the remarriage trap?
By falling into the remarriage trap a person loses the right to claim assets they would have been entitled to from the divorce.
It is important to note that if the ex-spouse has not remarried, they can still make financial claims, even years later, as long as they have not also remarried.
How to avoid the remarriage trap
The main ways to avoid the trap are:
- Finalise all financial matters before remarrying, preferably through a Consent Order which has been approved by a Court.
- As a minimum, make an application for a financial order financial to the Court (Form A) before remarrying.
- Ensure your divorce application includes a claim for a financial order.
What if I have already remarried?
If you have already remarried you may have limited alternative options. In some cases, you may be able to bring the following claims:
- A claim under the Children Act 1989 for financial provision for and on behalf of a child.
- A claim under the Trusts of Land and Appointment of Trustees Act 1996 for property interests.