The Remarriage Trap

Remarrying after divorce can affect your ability to make Financial Claims related to your Divorce.

When a person remarries without dealing with the financial claims in their divorce, this can bring an end to their right to make an application to the Court for a financial remedy against their former spouse.

One way to protect your position would be to issue financial proceedings in advance of remarrying, to ensure that there is a live-action proceeding in the court, which cannot be extinguished by remarriage.

When applying for a Divorce the Petitioner has the option of ticking a box to indicate an intention to proceed with financial claims relating to divorce – this will enable the Petitioner to have his/her claim dealt with by the court, notwithstanding they have remarried. Unfortunately, the fact the Petitioner has ticked the box would not extend the benefit to the respondent were he/she to remarry prior to making a formal application.

Claims relating to pensions are not affected by remarriage.

If you have remarried and you are unable to process a financial claim through the court in the usual way, it may be possible to bring a claim under either the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) or schedule 1 of the Children Act 1989.

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