Following the changes made to divorce law in April 2022, it is now much easier for individuals to divorce without instructing a solicitor. Unfortunately, this has resulted in a number of people falling into the ‘remarriage trap’.
What is the ‘remarriage trap’ and how does it affect me?
The ‘remarriage trap’ arises when an individual divorces their former spouse and remarries without resolving the finances through a Financial Remedy Order or Consent Order. This results in the individual being barred from applying for spousal maintenance orders, lump sum orders, property adjustment orders or pension attachment orders. The only entitlement which will remain is an application for a pension-sharing order.
Divorcing and remarrying without a financial agreement will stop any claims you previously would have been able to make against your former spouse. For example, if your former spouse has considerably larger assets than yourself and you decide to remarry prior to a financial agreement, you will lose all rights to claim against their assets. However, if there was a financial agreement prior to your remarriage, you would be able to make a claim against their assets.
An unfortunate example is in the case of E v E, 2008. The husband’s solicitor did not file the financial agreement with the Court until three days after the husband remarried. Despite it only being submitted three days after the remarriage, the Court still refused to approve the order, and the wife was not required to share any of her assets.
How can I avoid the remarriage trap?
It is key to remember the importance of resolving your finances before you remarry.
Our family law team always advise to settle the finances before finalising the divorce to ensure that you are unable to remarry and avoid the remarriage trap.
As long as any financial agreement has been filed with the court prior to your remarriage, you will be entitled to your claim.
What happens if I have fallen into the remarriage trap?
Unfortunately, if you have remarried without settling your finances, you will not be able to claim against your former spouse’s assets. You are still entitled to apply for a pension sharing order, however, you will not be able to claim for any other orders.
There are two options that may allow you claim, if appropriate, however, these are not guaranteed and can only be made in limited circumstances.
- You may be able to bring a claim under the Children Act 1989, Schedule 1, as an unmarried parent for the financial provision of their child.
- You may be able to claim under the Trusts of Land and Appointment of Trustees Act 1996 for any interest in the property.
Can I still claim if I have not remarried but my former spouse has?
In short, yes, you can. You are still able to make a financial claim against your former spouse, and this may result in your former, now remarried spouse and their new spouse having to make full financial disclosure.
Family Law Solicitor Lincolnshire and East Yorkshire
Bridge McFarland LLP offer a fixed fee appointment at the cost of £250 plus VAT (pricing correct as of April 2024), during which you will receive initial advice in relation to divorce and financial claims which may arise from your separation. The advice will also be provided to you in a written format following the appointment.
Our family law solicitors support clients across East Yorkshire and Lincolnshire. With offices in Grimsby, Lincoln, Louth, Market Rasen, Scarborough and Hull, our empathetic and knowledgeable team are on hand to support you throughout the course of your relationship breakdown.
To speak to an experienced family law solicitor, please call 0800 987 8800 or email enquiries@bmcf.co.uk
