A Guide to Remarrying After Divorce
10th June, 2024
Remarrying after divorce can be both exciting and daunting. Whilst starting a new chapter in your life is a positive thing, it requires careful thought and preparation. It is crucial to understand the legalities involved.
In this guide, we’ll discuss the key steps and address common questions surrounding remarriage after divorce, and outline when it is important to seek guidance from divorce solicitors.
Understanding the legalities
Once your divorce or dissolution is finalised and you receive your final order, you’re free to enter into a new marriage. Before you do, it is vital to ensure that all financial matters from your previous marriage are resolved. If you do not do so before you remarry, you may not be able to make a financial claim on your former spouse in the future. This is where divorce solicitors play a crucial role.
Key steps to remarrying after divorce and how our divorce solicitors can help
Finalise your divorce: Before considering remarriage, ensure that your divorce or dissolution is legally finalised. Your divorce or dissolution is finalised when you have obtained the Final Order (previously known as a Decree Absolute). This document marks the official end of your marriage or civil partnership. Remarrying before your divorce or dissolution is finalised can result in legal complications and potential criminal charges for bigamy.
Resolve financial matters: It is essential to settle any financial arrangements from your previous marriage or civil partnership, including the division of assets, property, pensions and debts. If you do not do this, you might find yourself falling victim to the ‘remarriage trap’ where a party remarried and is not able to apply for financial provision against their former spouse. Working with divorce solicitors can help ensure that these matters are addressed comprehensively and fairly.
Review financial orders: if you did obtain a financial order on your divorce, it may be impacted by remarriage. Ensure that you fully understand the financial implications of your remarriage. For instance, if you are receiving spousal maintenance or support from your ex-spouse, these payments may end on your remarriage.
Notify relevant authorities: Inform relevant authorities, such as the General Register Office, of your intention to remarry. You may need to provide documentation, including your Final Order or Decree Absolute, to complete the necessary paperwork.
Frequently Asked Questions
How long after divorce can you remarry in the UK?
There is no specific waiting period. You are free to remarry at any time once you receive your final order.
Do I need to inform my ex-spouse before remarrying?
There is no legal requirement to notify your ex-spouse before remarrying. It may be considered courteous to do so, especially if you share children or financial responsibilities.
Can my ex-spouse claim my pension if I remarry?
If you remarry and you do not have a financial order from your previous marriage, your ex-spouse may still be able to make a claim on your pension.
Financial ties remain live after the final divorce order if there is no financial order. Whilst your remarriage may impact the financial claims you have against your ex-spouse, it does not impact your ex-spouses financial claims against you.
How will remarriage impact my finances and assets?
Once you have remarried, your new spouse will have financial claims against you. It is worthwhile considering a Prenuptial Agreement in advance of your remarriage. A Prenuptial Agreement regulates the division of assets in the event of a divorce and therefore may protect yours and your future spouse’s assets.
You may also need to review your Will and estate planning as marriage automatically revokes an existing Will.
Looking for support from divorce solicitors regarding remarriage?
Remarrying after divorce is a significant milestone that requires careful consideration and adherence to legal requirements.
By working closely with Ward Hadaway Divorce Solicitors and understanding the legalities involved, you can start your new journey with confidence and peace of mind.
Contact our divorce solicitors if you’re experiencing any issues regarding divorce and remarriage.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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