The law In England and Wales allows you to remarry as soon as you receive your Final Order or Decree Absolute confirming that your marriage has legally ended. As such, there is no mandatory waiting period to get remarried. However, it is generally advisable to come to a financial arrangement with your ex-partner before doing so. This includes dividing the marital assets, coming to an agreement on the family home and spousal maintenance.
Failing to reach a divorce financial settlement before remarrying in the UK can result in losing the right to pursue certain financial claims against your ex-spouse. This is commonly referred to as the ‘remarriage trap’. In other words, ‘remarriage trap’ means once a spouse remarries or enters a new civil partnership, they are generally barred from making new financial claims against their former husband or wife, unless those claims were resolved beforehand. When someone remarries after a divorce, they are typically unable to apply to the court for:
- A consent order setting out a divorce financial settlement
- A periodical payment agreement
- A lump sum payment
- Spousal maintenance, or
- A property adjustment order
The remarriage trap does not, however, affect your right to make certain claims. For example, you can still claim against the pension of your ex-spouse pension (e.g. by applying for a pension sharing order or pension attachment order) or make a claim against the family home. Furthermore, if you or your ex-partner have remarried, any obligation to pay child maintenance will continue.
How to avoid the remarriage trap?
To avoid the remarriage trap in the first place, it is essential that you do all you can to reach a clean break divorce financial settlement before you finalise your divorce and get remarried. It is generally advisable not to get remarried before your Consent Order is issued and any other settlement court orders are finalised by the family court. Reaching a clean break with your ex-spouse will ensure that your ex-spouse has no financial claim against you in the future. If you are struggling to reach a divorce financial settlement, the first step is to consider mediation. A trained mediator can help you and your ex-partner reach an amicable agreement without the need to go through court litigation. If mediation is not effective or suitable given your circumstances, you can ask the family court to decide for you.
If you are going through a divorce in England and Wales and plan to get remarried soon, please speak to our divorce lawyers. We can explain what you can do to avoid the remarriage trap, given your specific circumstances.
What if I have fallen into the remarriage trap?
If you have fallen into the remarriage trap under the law in England and Wales, you will not be able to make a financial claim against your ex-partner. You may, however, be able to claim against their pension (e.g. by applying for a pension sharing order or pension attachment order) and your marital home.
It is also important to contact a divorce law solicitor as soon as possible. They can help you understand your legal position and advise you on protecting your financial interests and those of your child. For example:
- Check if any agreements or claims were initiated before your remarriage that might still be valid.
- Assess whether any resources or entitlements remain accessible.
- Explore other strategies to protect your financial well-being.
Can my ex-spouse claim money if I remarry?
Yes, your ex-spouse will still be able to make a financial claim against you if you have remarried, assuming that they themselves have not remarried and your divorce financial settlement was not finalised during the divorce process. On the other hand, if your ex-spouse remarries or enters into a new civil partnership, they may lose their right to spousal maintenance. If you are unsure remarriage may affect your ex-partner’s right to bring a financial claim against you (or vice versa), please feel free to a member of our divorce law team who can explain your legal position and the options available to you. For more information, see our article: Can Your Ex-wife / Husband Claim Money After a Divorce?
