How to avoid the ‘Remarriage Trap’

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Since changes to divorce law in April 2022, it has become easier to obtain a divorce without legal representation. However, this has inadvertently led some people to fall into the ‘remarriage trap.’

What is the ‘Remarriage Trap’?

The ‘remarriage trap’ occurs when someone divorces their spouse and remarries without first resolving their financial matters through a Financial Remedy Order or Consent Order.

If this happens, the person loses the right to apply for key financial claims, including:

• Spousal maintenance orders
• Lump sum orders
• Property adjustment orders
• Pension attachment orders

The only exception is the ability to apply for a pension sharing order.

This means that if you remarry without a financial agreement in place, you forfeit your right to claim against your former spouse’s assets. For instance, if your ex-partner has significantly greater financial resources than you, remarriage prior to finalising a financial agreement could prevent you from accessing those assets.

Example of the Remarriage Trap in Action

In the case of E v E (2008), a husband’s solicitor filed the financial agreement with the court three days after his remarriage. Despite the short delay, the court refused to approve the agreement, and the wife retained all her assets. This highlights how crucial it is to resolve financial matters before remarrying.

How can I avoid the remarriage trap?

To protect your financial rights and avoid the ‘remarriage trap’:

1. Settle your financial matters before finalising your divorce by working with a solicitor to secure a Financial Remedy Order or Consent Order.
2. Do not remarry until the court has filed the financial agreement.

Once the financial agreement is submitted to the court before your remarriage, you retain your right to make financial claims.

What happens if I have fallen into the remarriage trap?

If you have remarried without resolving your finances, your ability to claim against your former spouse’s assets is severely limited. While you can still apply for a pension sharing order, other claims are barred.

Exceptions:

You might be able to make claims in specific circumstances, such as:

• Under the Children Act 1989, Schedule 1: For financial provision related to your child, as an unmarried parent.
• Under the Trusts of Land and Appointment of Trustees Act 1996: To assert an interest in property.

However, these options are not guaranteed and depend on the specific details of your situation.

Can I still claim if I have not remarried but my former spouse has?

Yes, you can. Even if your ex-spouse has remarried, you retain the right to make financial claims against them. This may require their new spouse to participate in full financial disclosure.

To learn more about divorce law, Financial Remedy Orders or Consent Orders, please contact our family law specialists.