If you’re facing delays because financial arrangements haven’t been finalised before remarriage, and it’s unclear how to secure a binding outcome, reviewing the court process for financial remedies can help clarify the steps needed to formalise your position.
Solicitors will advise “don’t remarry until we have sorted out the finances and have a financial remedy Court Order with your current divorce”.
Because you may fall into the “re-marriage trap”. The re-marriage trap is very real and can cause you, what appears to be a financial injustice. But, that is the rule.
Maybe, you want to get re-married to your new partner, but you haven’t reached an agreement with your former partner about the financial split. Or, maybe you have reached a financial agreement but have not been able to act on it yet, your ex-spouse is being difficult, or you are waiting for a house to sell, or the re-mortgage hasn’t completed yet. It could be for a host of reasons.
If you do not have a valid application before the court, for a judge to consider your finances before the new marriage, then you will be barred from making the following applications in court:-
Maintenance
Secured maintenance
Lump sum orders
E v E [2008] 1 FLR 220 was a case before the courts which highlights “the re-marriage trap” and its effects on the unsuspecting ex-spouse. In this case the parties reached a negotiated agreement. The wife was to pay the husband a lump sum of £250,000. After the agreement was reached, but before a court order had been approved, the husband re-married. The ex-wife failed to pay the money to the husband. He then made an application to the court. The Judge was clear, that he could not make the Order which the husband was seeking.
It is imperative that when brining your marriage to an end, you “dot the I’s and cross the T’s” and ensure that you have a binding financial Court Order.
We can help ensure that any agreement is included into a Court Order and placed before a judge for approval. This will place you in the best possible position for your future financial planning and protection. It will also include the ‘clean break’, the magic order! Only then do you have any piece of mind that it is definitely “over” and all ties are severed.
When discussions about dividing assets stall or one party isn’t cooperating, and you’re unsure how to move things forward, understanding the formal court process for resolving financial matters may provide a practical route to agreement.
A financial order is only legally binding once approved by the court, which is particularly important when negotiations break down; our family lawyers regularly prepare and submit these orders to ensure both parties’ interests are formally recorded.
Get Advice on Financial Remedy Orders
Read our companion article on this subject: “Divorce & Finances: can your Ex claim even more from you?”
