It is sometimes the case that, following separation, spouses reach the Decree Absolute stage (final stage) in their divorce, without having resolved their finances.

It is quite a common misconception that the granting of a Decree Absolute means that all aspects of your divorce and finances are finalised – this is not true. Whilst the Decree Absolute legally ends a marriage, it does not end your financial commitments/ties to your ex-spouse.

This may come as a surprise, and it is therefore important to take legal advice before applying for a Decree Absolute, as there are also a number of other factors to consider when making an application for Decree Absolute.

What though, is the effect of having a Decree Absolute, and wanting to re-marry or form a civil partnership?

Once a Decree Absolute has been granted, if either spouse to that marriage has re-married or formed a civil partnership, that person will not be entitled to make a financial application against their former spouse (except for an application for a pension sharing order).

If you do want to make a financial claim, for example for a lump sum or property transfer, against your former spouse, then you will have to do so prior to your re-marriage or civil-partnership.

There a number of ways that this can be done, including:-

  1. If you were the petitioner in the divorce, and you ticked the necessary box on the divorce petition;
  2. By issuing an application for financial provision (Form A).

If for example your Decree Absolute was granted some time ago, and you do not have access to your divorce paperwork, then you may not know whether you applied under bullet-point 1 above, and you may risk being barred from applying for a financial provision from your ex-spouse if you have not issued a Form A before your re-marriage or civil partnership.

Your ex-spouse however, would still be able to make a full financial claim against you, if they have not re-married or former a civil-partnership.

It is therefore important to seek legal advice prior to your re-marriage or civil-partnership, if your finances from your previous marriage have not yet been resolved. There are also other implications in relation to the finances if you do re-marry, including in relation to spousal maintenance, and it is therefore important to take legal advice.