The Legal Implications of Remarrying After Divorce

Remarrying is undoubtedly a joyful milestone, marking a fresh start and new beginnings. However, it is important to be aware of the legal implications that come with a second marriage, particularly concerning financial matters from a previous divorce.

Before remarrying in England and Wales, you must be able to prove that you are legally free to do so. This requires presenting a Final Order (previously known as a Decree Absolute) from your previous marriage. Without this document, you will not be able to legally remarry.

Remarrying also impacts financial remedies from your previous marriage. If you have not already secured a financial order, your right to make an application for financial remedies will be lost upon remarriage. However, an unmarried former spouse may still be able to bring a financial claim, even if their ex-spouse remarries. In such cases, the new spouse may be required to disclose their financial position as part of the proceedings.

If a financial order was made during the divorce, certain terms may be affected by remarriage. For example, if a party receiving spousal maintenance remarries, this usually brings an automatic end to those payments. Additionally, child maintenance arrangements could be impacted, so it is advisable to consult the Child Maintenance Service for any potential adjustments.

At Bank Solicitors, we understand that remarriage is an exciting step forward. However, it is essential to ensure that your financial position is secure before taking this step. If you need advice on financial settlements, spousal maintenance, or child support, our experienced family law team is here to help.

Contact us for more information:

Offices in Redditch and Bromsgrove

Tel: 01527 892949