Don’t fall into the Remarriage Trap!
If you are planning to remarry, following a divorce, the time is now, to ensure you have resolved your financial claims with your ex-spouse prior to your big day!
Tie up loose ends of your previous marriage
Failing to tie up all loose ends from your previous marriage before remarrying may carry significant consequences and may mean you fall into a ‘remarriage trap’.
It is a commonly thought that once your Decree Absolute is granted, that your financial claims between you and your ex-spouse have been dismissed – this is incorrect. The only time that your financial claims against each other are truly dismissed is when either you or your ex-spouse make a separate application under the Matrimonial Causes Act, either by way of consent or in contested proceedings for a Financial Remedy Order.
It is therefore extremely important to resolve all financial claims with your ex-spouse or at least have made an application to the Court, in one way or another, before remarriage. If you have not done so, and you do remarry, you will be barred from bringing a claim against your ex-spouse under the Matrimonial Causes Act 1973 and all your claims will be lost. You will be prevented from seeking any financial provision from your ex-spouse and/or a Property Adjustment Order. The right to apply for a pension sharing order is, however, not lost on remarriage.
If you are considering remarriage
If you are considering remarriage and are concerned that your financial claims between you and your ex-spouse remain outstanding, then we would urge you to seek urgent legal advice to ensure your claims can be protected.
The simplest way to ensure that an application is in front of the Court, is to include this application within your Divorce Petition. This ensures that an application is alive in the eyes of the Court, albeit not always immediately active. At Watson Thomas, we will always ensure that all of our client’s Petitions are drafted to include this application. More and more people are choosing to issue divorce proceedings without legal representation these days, and this option should be considered extremely carefully, as completing these forms incorrectly can have catastrophic consequences in terms of your financial claims.
If you are planning to remarry and are concerned about your financial claims under your previous marriage, please take advantage of our free initial consultation to we can run through your options.
Equally, if you have concerns or reason to believe that your ex-spouse is intending to remarry prior to your claims being resolved, there are steps you can take to protect your position.
At Watson Thomas our staff can work from home and access all systems so even if all are required to self-isolate this will not affect the day-to-day running of your case. We can also hold appointments via telephone and video link as needs be to ensure that your service is not interrupted.