Beware of the re-marriage trap.
Divorce can be like a game of chess and care must be taken when making your next move.
This is especially so to avoid the serious consequences of the remarriage trap.
So what does this all mean?
Section 28 of the Matrimonial Causes Act 1973 outlines the rights of a spouse to seek a share of the matrimonial assets upon divorce. However, if you simply divorce without resolving the financial issues and then remarry, you may be prevented from seeking many financial remedies including spousal maintenance orders, lump sum orders and property adjustment orders.
As more people than ever are handling their own divorces, this can come as a shock to many who simply do not realise that filling the forms out incorrectly could have a catastrophic impact on them making a financial claim arising from their divorce, and they may be prevented from doing so and suffer serious financial loss.
This is a complicated issue and having little knowledge can be a dangerous thing, as can trying to make sense of information on the internet.
In basic terms, in order to be safe a party should not remarry until their finances have been resolved and a financial order has been issued by the court. If you are the Respondent, then it is a good idea to file an application for a financial order no matter what, in order to protect your position.
Solicitors who specialise in family law will include a claim for financial relief with their client’s divorce petition. This ensures the client has some protection as the application for financial relief has clearly been made before the Petitioner has obtained Decree Absolute and has then remarried although the court has not yet made a definitive decision on whether this is sufficient or if a full application for financial relief is still required. It is always better to be safe than sorry and we ensure that all of our clients are protected.
Finally, we cannot stress enough how important it is that people do not remarry without first concluding their divorces properly we would always recommend that legal advice is taken before the remarriage so as to ensure your position is protected.
If you have any questions about the remarriage trap, then feel free to call one of our specialist family lawyers.