Thinking about remarrying? Before you say “I do” again, make sure your finances are fully finalised.
What is the remarriage trap?
It is widely known that in order to remarry, you will need to first obtain your Final Divorce Order to end your existing marriage. But, did you know, that remarrying without finalising a court-approved financial order could stop you from enforcing any financial settlements against your ex?
If you remarry prior to resolving your financial claims, you will be barred from making new financial claims against your former husband or wife. In contrast, they can still make financial claims against you. This is known as the “remarriage trap”.
What is the impact on your finances?
If you fall under the remarriage trap, you could be unable to:
- Claim a share in the family home or any other property
- Claim maintenance to support you after the divorce
- Claim a lump sum payment to reflect your interest in the matrimonial assets
Even if you can reach an agreement between you, the remarriage trap could mean you are unable to apply to the court for the agreement to be formalised in a Consent Order.
There are some claims that are not affected by remarriage. For example, you will still be able to make a claim against your ex partner’s pension, however the funds from this will not become available until retirement age.
Remarriage also does not affect either you or your ex partner’s obligation to pay child maintenance.
Can I claim against my ex if they have remarried?
Yes. You will be able to make financial claims against your former husband or wife even if they have remarried. The process may require your ex’s new spouse to participate in full financial disclosure.
How to avoid the remarriage trap?
The best way to avoid falling into the remarriage trap is to ensure that you have a submitted an application for a Financial Remedy Order or a Consent Order before remarrying. As long as you file any financial agreement with the court before you remarry, you will be entitled to your claim.
The recent case of QW v GH [2025] sets out the potential to protect yourself against the remarriage trap by ensuring you tick the box “I want to apply for a financial order” when applying for your divorce. This allowed the wife in this case to still make a claim against the parties’ former family home, despite remarrying several years before making the application.
If you are thinking of getting remarried soon, and you haven’t yet finalised your finances, please get in touch with one of the members of the Family Team.
What if you have fallen into the remarriage trap?
Unfortunately, if you have remarried you will not be able to make any of the financial applications listed above. However, there are three claims that may be appropriate for you:
Family Home
You may be able to claim under the Trusts of Land and Appointment of Trustees Act 1996 to assert your interest in the family home or any other property you have made financial contributions to during the marriage.
Maintenance
You may be able to claim under Schedule 1 of the Children Act 1989 for financial provision related to your child, as an unmarried parent with care of the child.
Pensions
As set out above, remarriage will not exclude you from making a claim against your ex’s pension.
However, claims under the Trusts of Land and Appointment of Trustees Act and Schedule 1 are not guaranteed and are only available in limited circumstances.
If you are concerned that you have fallen into the remarriage trap, please get in touch with a member of our Family team who will be able to help you with the claims available in your specific circumstances.
