What is the Remarriage Trap?

This is a situation, which can arise if you divorce and then remarry without first having made a claim for a Financial Order in the divorce petition or an application to the Court for a Financial Remedy Order.

The consequence of this is that you would then be barred from seeking maintenance orders, lump sum orders, property adjustment orders or pension attachment orders.

The risk of this situation occurring has increased as a direct result of more people than ever acting as litigant in person in divorce proceedings.

In practical terms, this would mean that an ex-spouse would be unable to make an application to the Court seeking a share of assets that are held in joint names or in the sole name of the other party.

The only type of order that remains open to be pursued would be a Pension Sharing Order if applicable in your particular circumstances.

How can I avoid the Remarriage Trap?

It is vitally important that finances, as part of divorce, are properly concluded prior to either party remarrying.

The easiest way to avoid falling foul of the Remarriage Tap is to ensure that you obtain appropriate advice and assistance to deal with the matrimonial finances at the earliest opportunity and, that a Financial Consent Order is lodged with the Court and approved by a Judge prior to remarrying.

If this is not possible ,and it is your intention to remarry prior to the finances being concluded, then an application for a Financial Remedy Order should be filed with the Court prior to remarrying. The result of such an application is that your financial claims against your former spouse will be protected. The only right that cannot be protected is the right to receive spousal maintenance from a former spouse, as this would terminate on the receiving party’s remarriage.

If you have already remarried and you are now unable to pursue an application for a Financial Remedy Order, it may be possible to bring a claim under the Trust of Land and Appointment of Trustees Act 1996 in respect of property or Schedule 1 of the Children Act 1989 if appropriate.

Speak to our expert Family Law Solicitors today

At Browell Smith & Co our expert Family Law Team are on hand to guide you through this complex area of law. Please get in touch with our team of dedicated Family Law solicitors for more information and professional, legal advice.