Can I remarry before I sort out finances with my ex-spouse?

Sometimes the period between a couple separating and resolving financial matters can be a number of years. This could be because negotiating a settlement and/or Court proceedings are slow to progress or, more commonly, because a couple do not resolve financial matters when they first separate. Following our Freedom of Information request, we know that 65% of divorces in England and Wales are not accompanied by a financial order at the time of the divorce – very often a couple will prioritise obtaining their divorce and will informally divide their assets between them without a Court order formally dealing with financial matters.

This period between divorcing and resolving financial matters means that it is conceivable that a divorcee may remarry in the years following their divorce, but before they have formally resolved financial matters with their ex-spouse. So, what are the consequences of doing this?

The primary concern is that remarrying could limit your financial claims against your ex-spouse. Before you re-marry, the Court has a myriad of options in terms of the financial orders it is able to make – for example, property transfers, lump sum orders and maintenance order. Unless you have issued financial proceedings prior to remarrying, or you have ticked the necessary box on the divorce petition, you will be barred from making an application to the Court. The only exception to this is that you will be able to make a claim against your ex-spouse’s pension. The implications of this could be enormous so, if you are considering remarrying, it is imperative that you seek legal advice as soon as possible.

A second concern relates to spousal maintenance. Even if you have issued financial proceedings, or ticked the necessary box on the divorce petition, spousal maintenance will almost invariably end upon a party’s remarriage – this does not necessarily apply if you are simply cohabiting with a new partner although, in reality, it often does. Again, by seeking advice before you remarry or cohabit with a new partner, you may be able to protect your financial claims.

Remarrying after a divorce is a time for celebration but, before you pop the bubbly, make sure you have taken the necessary legal advice in respect of your previous marriage.