Hayley, legal executive in our divorce and separation team, explains why it is crucial to have a financial order before remarrying.
The final order (previously known as the decree absolute) at the end of the divorce process brings an end to your marriage and you are no longer husband and wife but it does not end financial claims between you. These can only be dismissed by the Court in a separate order and otherwise continue until the death of one of you. It is therefore vital to get a Court order confirming your financial arrangements and closing the door on future claims to achieve financial certainty.
At the end of your marriage it may be the last thing on your mind to think about getting married again but if you decide to remarry before a financial order is in place, the law will prevent you from applying to the Court for all financial orders except pension sharing unless your claims were started in your divorce application.
A financial application normally covers a wide range of financial orders: dealing with pensions, the transfer or sale of property, lump sum orders and maintenance orders. Child maintenance is dealt with separately by the Child Maintenance Service unless it is agreed. An obligation to pay spousal maintenance ends on remarriage automatically in any event so that would certainly be lost. Sometimes you could achieve a greater proportion of the capital assets and pension provision if you forgo a valid claim for maintenance so delaying until after your remarriage would remove that bargaining chip.
It is therefore extremely important to sort out a financial settlement properly when you divorce and take specialist advice to ensure you get a fair deal. Delay can be costly.
Should you have any questions in respect of this or the finances, please do not hesitate to contact a member of the Family team who will be happy to assist on 0345 450 5558 or email email@example.com.