Understanding the Impact of Remarrying Before Resolving Divorce Finances
If you have not resolved your divorce finances from your previous marriage but are, however, planning on remarrying you may lose your entitlement to apply for financial provision orders or property adjustment orders. It is something worth thinking about before stepping into your new exciting chapter to avoid any unexpected surprises.
This is commonly known as the ‘remarriage trap’. The statutory legislation, Matrimonial Causes Act 1973, section 28(3), prevents people who have remarried from claiming financial provisions or property adjustment orders. This means that if you remarry without sorting out your finances before you may not be entitled to claim any periodical payments or claim on properties. It does not prevent, however, from you being able to apply for a Pension Sharing Order.
Although you will not be able to bring a claim, your ex-spouse (providing they also have not remarried) would be entitled to bring a financial claim for financial provisions or property adjustment orders. Your ex-spouse could bring this claim at any point until you have a Clean Break.
If you are considering remarrying, it is important to seek advice quickly to discuss how best to resolve this and your legal rights. Seeking advice sooner rather than later can help you avoid a tricky situation.
At Kenning Law, we are happy to help navigate your financial claims following your divorce or at the early stages. Our aim is to ensure you can resolve matters amicably and help guide you. If you are looking to achieve an amicable divorce, including reaching agreement on finances and arrangements for children, you may find our guide to amicable divorce helpful.
We offer a FREE discovery call to see if we are best suited for you.
