If you are currently going through a divorce, before remarrying, it is vital not to overlook the financial settlement aspect of your previous marriage. Those who fail to finalise these key aspects are in danger of falling into what family law refers to as the ‘remarriage trap’.
In this blog, our family law team answers a few questions about what this means and provides guidance to help you avoid the same issues.
What Is the Remarriage Trap?
Like many legal issues, timing is everything, and in family law, this is especially pertinent. If you marry a new partner before resolving the previous marriage’s financial claims through the courts, you may permanently lose your right to make certain financial claims against your former spouse.
The term ‘remarriage trap’ refers to a legal principle under the Matrimonial Causes Act 1973. Under this Act, a party is prevented from applying for financial provisions (such as spousal maintenance, lump sums, or property adjustment orders) after they remarry, unless the party submitted an application before the remarriage.
In simplistic terms, this means that if you remarried before securing a financial order in your divorce, you could lose the right to apply for any further financial settlement from your ex-spouse. However, this does not apply to pension sharing orders, which can still be made post-remarriage so long as the divorce order includes a claim.
Common Misconceptions – Pushing People into the Remarriage Trap
One of the biggest divorce myths snaring people in a remarriage trap is how finances are dealt with after a marriage or civil partnership ends. Many people mistakenly assume that their finances will automatically be dealt with once the Decree Absolute (now called the Final Order since the introduction of no-fault divorce) is granted. But this is not the case. Divorce or civil partnership dissolution ends the marriage, but it does not sever the financial ties between spouses or guarantee certain provisions, unless there is a court-approved financial order in place. Therefore, if you remarry without resolving financial matters:
- You will lose your right to apply for lump sums, spousal maintenance, or property transfer orders from your ex-spouse.
- You may lose out on a fair share of the marital assets you would otherwise have been legally entitled to.
- If your ex-spouse does not remarry, they can still bring a claim against you, unless you have a clean break order in place.
Key Steps to Avoid the Remarriage Trap
To protect yourself from falling into the remarriage trap, here are some key steps:
- Remember, divorce does not finalise finances: The Final Order ends your marriage, but not your obligations or entitlements.
- Ensure you have applied for a financial order before you remarry. This protects your legal rights and the ability to claim what you’re entitled to.
- Seek support from a family law solicitor. Enlisting professional guidance from a family law solicitor early on can ensure you file the necessary applications before you remarry.
- Consider a clean break order. Even if you believe your financial situation is relatively straightforward, a clean break order protects you from future claims.
What Is a Clean Break Order?
Clean break orders are court orders intended to provide a final, clean resolution of financial matters. These are designed to sever financial ties between you and your ex. Importantly, once granted, such orders prevent either party from making any financial claims against the other in the future, including after divorce, no matter how your financial circumstances change. A clean break order is essential if you want complete closure following your divorce. Read other FAQs on Clean Break Orders in our previous blog: Clean Break Order – What Is It And Is It Right For Me?
Family Law and Financial Settlement Solicitors
Falling into a remarriage trap is one of the key dangers of not fully understanding your rights or seeking appropriate legal support. The financial implications can be significant. If you’re planning on getting remarried or are recently divorced, you must ensure your financial claims are resolved and formalised through a court order. It’s the only secure way to protect your future and move on. At Rose & Rose, our family law team can help you secure a financial settlement that protects your legal rights and your future. Whether you’re at the start of the divorce process or preparing to remarry, speak to a member of our team today to ensure you can move forward with peace of mind.
Talk To Our Specialists
Our family law solicitors can provide guidance and support in navigating family and matrimonial legal matters, as well as the financial complexities that can arise. It is always important and highly advisable to seek professional legal advice to ensure the best course of action for your circumstances. Talk to our specialist Family Law team via the links below.
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.
