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. This will ensure that there is a live-action proceeding in the court. As a result, the action 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. This applies where he/she were 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). Alternatively, you could bring a claim under schedule 1 of the Children Act 1989.
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