The Re-Marriage Trap
August 2018 | Jane-Louise Burrows
We would not want to discourage you from another try at the greatest Partnership ever known.
However we urge you to make sure that ALL of your Financial Issues are dealt with before you move on. The pitfalls of remarriage following divorce is a reference to Section 28(3) of the Matrimonial Causes Act 1973, which highlights the real risk in not sorting out your financial claims following a divorce. Section 28(3) of the Matrimonial Causes Act 1973 makes it clear that when either party remarries, they shall not be entitled to apply for a Financial Provision Order or Property Adjustment Order in their favour against the other party. This imposes an almost absolute bar on the courts ability to consider any financial application made after remarriage. This prevents the former husband or wife making an application for their own benefit.
Financial claims arising from a marital breakdown are not automatically dismissed when the divorce is made final. Even when parties think there is nothing to sort out, problems can arise in the future.
We can advise on obtaining an appropriate financial order before remarriage and in connection with pre-nuptial or living together agreements when you are ready to take that next step.
If you feel you need some assistance please contact our reception to book a free telephone consultation for more details on 01234 343134, fill in the contact form below, or email enquiries@fullersfamilylaw.com
