The effect of remarriage following a divorce!

10 April 2018

Unfortunately, not many people are aware that if a party remarries before they have dealt with the financial aspect of their divorce, they may lose their ability to make an application to the Court for financial remedy against their ex-spouse.

In order to avoid falling into the dreaded ‘Remarriage Trap’ here are some helpful tips:

1. Obtain legal advice early on and make sure ALL financial claims are resolved before remarrying

2. If you intend to remarry whilst divorce proceedings are ongoing, issue your financial application without delay in order to protect your position.

3. If you are the Petitioner in divorce proceedings, ensure you have indicated your intention to pursue financial claims on the Divorce Petition - this will be sufficient for the Court to deal with financial claims even after you have remarried.

Please note, if you have remarried without issuing a financial application, you may still be able to make an application under either the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) or schedule 1 of the Children Act 1989.

For more information, please contact our specialist Family Lawyers on 01254 297130.