However, that application is not “triggered” until a Form A is issued at Court. If you are the Respondent to the divorce proceedings then the Court will not be aware, that at a later date, you intend to apply to the Court for financial matters to be resolved. There is no application for the Court.
If the Respondent has not made any formal application to the Court, in respect of financial matters, then they are barred from making an application against the Petitioner for any form of financial assistance should they re-marry. In other words, they may not make an application to the Court for the Court to consider what should happen to the matrimonial home, investments, maintenance. Indeed, the only application they may still make is against the other party’s pension.
Conversely, the Petitioner, as long as they have ticked the relevant box on the Divorce Petition and even if they haven’t issued their Form A, would be able then to make an application to the Court for the financial matters to be considered at any point in the future.
This is known as the “Re-marriage trap” and we urge all clients who are going through divorce proceedings to ensure that their financial matters are resolved in a binding Court Order prior to remarriage.
two people signing an employment contract, a legal contract
We’d be pleased to discuss your re-marriage situation and options with you.
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