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The Tricky Tale of the Re-marriage Trap20th February 2017 Family Law
If you have married again after divorcing you may still be able to bring a financial claim against your ex-spouse. Re-marriage can limit or defeat claims arising from your divorce and it is always important to seek legal advice prior to re-marrying.
The rules on re-marriage are tricky, however it is vital that you understand that in a number of cases, even if you have re-married after a divorce, you may still be able to bring a financial claim against your ex-husband or ex-wife.
- If you were the Petitioner in the divorce proceedings and you have re-married, if you or your solicitor ticked the boxes on the final page of the divorce petition in relation to the financial claims then this acts as your 'financial application' in respect of the financial matters connected with your divorce. Practically, this means that your 'financial application' was made within the original divorce petition and before your remarriage, which means that you could still be entitled to bring a financial claim against your ex-husband or ex-wife despite the fact you have married again.
- If you were the Petitioner in the divorce proceedings and did not tick the financial boxes on the divorce petition and you have since re-married, then your financial claims against your ex-husband or ex-wife may be limited to a claim against his or her pension. The only exception to this would be if a financial application was issued a Court in a separate form (called a Form A) prior to your re-marriage. There may also be claims you could bring in respect of any property which was in existence during the marriage.
- If you were the Respondent in the divorce proceedings and have re-married, your financial claims against your ex-husband or ex-wife may be extinguished upon re-marriage apart from claims against his or her pension. Claims for financial provision, for example a lump sum payment or ongoing maintenance, are terminated on re-marriage unless the financial application was issued at court prior to the re-marriage taking place. There may also be claims you could bring in respect of any property which was in existence during the marriage. Again, the exception to this would be if a financial application by way of a Form A was issued a Court prior to your re-marriage.
Every case is different and whether you can bring a financial claim against your ex-spouse after your re-marriage, and the type of claims you could bring, will depend upon the specific details of your case. If you are uncertain whether or not you are entitled to bring a financial claim against your ex-spouse, it is a good idea to take advice from a solicitor who specialises in matrimonial law before taking matters further.