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.
Can we help you? Please call us on 0333 344 6302 or contact us through our enquiry form. All initial enquiries are free and without obligation.
"*" indicates required fields