Avoiding the remarriage trap 

Divorcees considering remarrying should be aware of the ‘remarriage trap’.  This is where the couple gaining a successful end to their legal marriage, does not conclude a financial settlement at the same time as they get divorced.

When a divorcee re-marries, without first obtaining a Final Financial Order, they fall into the remarriage trap and will not be able to apply for financial relief from their former spouse.  This includes lump sum orders, property adjustment orders, and pension attachment orders.

While a final divorce order ends a marriage, it does not end possible financial claims from either party finalising financial matters with a Final Financial Order at the time of divorce is always advisable and is the best way to obtain certainty for both parties and avoid the risk of future litigation.

An order can be obtained by agreement, out of court, or imposed on the parties by a judge if an agreement cannot be reached.  The remarriage trap does not apply to pension-sharing orders. Even once a divorced person has married, they can apply for a share of their former spouse’s pension.

If you have concerns about your exposure to financial issues post-divorce or need advice on arranging a financial settlement, it is important to seek the help of a legal professional.