What is the Remarriage Trap and How Could It Affect Your Financial Settlement?

Avoiding the Remarriage Trap – Essential Divorce and Remarriage Advice

Following the introduction of the no-fault divorce law changes in April 2022, it has become much easier for individuals to finalise a divorce without the need for legal representation. However, this ease has unfortunately led to a rise in people falling into what is known as the remarriage trap.

The remarriage trap occurs when someone finalises their divorce and remarries before securing a Financial Remedy Order or Consent Order. Without this financial settlement in place, you lose the ability to apply for crucial financial claims such as spousal maintenance, lump-sum payments, property adjustment orders, and pension attachment orders. Your only remaining option would be to apply for a pension-sharing order.

If you divorce and remarry without a formal financial settlement, you forfeit any claims you could have made against your former spouse’s assets. For instance, if your ex-partner has significant assets and you remarry before a financial agreement is secured, you will lose your right to claim against those assets. Conversely, if a Financial Remedy Order was in place before your remarriage, you could still have pursued a claim.

A notable case highlighting the dangers of the remarriage trap is E v E [2008], where the court refused to approve a financial agreement submitted just three days after the husband’s remarriage. As a result, the husband lost any entitlement to a share of his former wife's assets.

How to Avoid Falling Into the Remarriage Trap

To protect your financial future, it is crucial to finalise financial agreements before remarrying.

We always recommend securing a legally binding Consent Order or Financial Remedy Order before completing your divorce proceedings to ensure you are safeguarded against financial loss if you later decide to remarry.

Once a court-approved financial settlement is in place before your remarriage, your financial claims are protected.

What If I Have Already Fallen Into the Remarriage Trap?

If you have remarried without securing a financial agreement, unfortunately, you will no longer be able to claim spousal maintenance, lump sums, property adjustments or other financial orders against your former spouse.

However, you may still be eligible to apply for a pension-sharing order.

In limited circumstances, you might have alternative legal options, including:

1. Children Act 1989, Schedule 1 Claim – If you have children, you could seek financial provision through an application under this law.

2. Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) Claim – You may claim a share of property if you can demonstrate a beneficial interest.

   
   

These legal routes are complex and not guaranteed, so expert legal advice is essential.

Can I Make a Claim If My Ex-Spouse Has Remarried but I Haven't?

Yes, you can. If your former spouse has remarried but you have not, you retain the right to bring a financial claim against them. This may involve full financial disclosure from both your ex-partner and their new spouse.

Expert Family Law Solicitors in South Wales – Here to Support You

At RJM Solicitors, our experienced family law solicitors provide trusted legal advice on divorce financial settlements, remarriage financial risks, and relationship breakdowns across South Wales.

We offer empathetic, knowledgeable support tailored to your unique situation. Speak to a qualified family solicitor in South Wales today by calling 01685 373721 or emailing info@rjmsolicitors.co.uk.