The Remarriage Trap

Can I get remarried before my financial settlement is concluded?

When going through divorce proceedings, it is vital to ensure that all financial matters have been fully resolved before considering remarriage. A great number of people are unaware that following a divorce, your financial claims against one another will not be automatically dismissed and that either of you can bring claims against the other months or even years down the line. You should ensure that as part of your divorce, you obtain a Financial Remedies Order either setting out terms of settlement, or dismissing any future claims by permitting a ‘clean break'.

If you have not resolved your financial claims against your ex-spouse (by obtaining a Court Order) then you may be barred from applying for a Financial Order through against them.The position is slightly different depending upon whether you were the Petitioner or the Respondent in the divorce:

If you were the Petitioner:

An application for a financial order can be initiated either by ticking the relevant boxes in the divorce petition or by issuing an application to the Court known as Form A. If an application for a financial order was not made in the divorce petition, or separately in Form A and you remarry, you will be barred from making an application to the court for a financial provision order or a property adjustment order. This means that you will not be able to apply to the court for periodical payments, a lump sum order or an order in relation to property.

If you were the Respondent:

You must make an Application in Form A to the Court prior to your remarriage.

The pension exception

In either case, if you have failed to make the application prior to your remarriage, this will not prevent you from making an Application against your ex-spouse’s pension.