How does remarriage impact my ability to apply for financial orders in a divorce?

How does remarriage impact my ability to apply for financial orders in a divorce?

Financial orders can be applied for following a divorce from a spouse. There is no time limit on how soon a financial order must be applied for following a divorce, there is no limitation period or deadline to pursue your financial claims.

Delay, however, could cause extended hostility, increased costs, loss of relevant documents and changing personal circumstances over the years. A remarriage, for example, is likely to affect the financial claims stemming from your first marriage.

As a standard rule, your ex-partner remarries, they can no longer apply for financial orders against you in their favour. This includes property adjustment orders. However if the application for financial orders was included in the application for the divorce order, then remarriage would not have an effect because your ex-partner would be continuing with their claims that they already began in the divorce application. In this case, if the court allows the claims to continue notwithstanding the remarriage, then the court is likely to consider the resources of the new spouse when granting the orders.

In terms of spousal maintenance and remarriage, an order for periodical payments will cease on the remarriage of the payee.

The right to apply for a pension sharing order is not ordinarily barred by remarriage. This means you can still apply for such order against an ex-partner who has remarried, or them against you.  However the court have the power to ‘ring fence’ pensions to a certain period of time which may involve expert pension reports being prepared.

It is a complicated area of law and if you are considering applying for a financial order against a former spouse during divorce proceedings or after a long period afterwards, please contact our expert family law solicitors who are based in Wolverhampton, Cradley Heath and Sutton Coldfield and serve clients across the West Midlands.

For all new enquiries, please call 01902 328 365 or complete our online enquiry form and a member of our team will respond.