Remarrying after divorce: why financial matters should be resolved first

For many people, receiving a final divorce order feels like the end of the legal process. The marriage has formally ended, and both people are free to move forward with their lives.

However, divorce and financial matters are separate. A final divorce order ends the marriage, but it does not automatically resolve the financial claims that spouses may have against each other.

This distinction is particularly important where one person is planning to remarry. Without proper advice, remarriage can have serious consequences for the financial claims that may still need to be dealt with.

Does a final divorce order end financial claims?

No. A final divorce order brings the marriage itself to an end, but it does not automatically dismiss financial claims.

Financial claims may include claims relating to property, pensions, capital, income, maintenance and other financial provision. These claims usually need to be resolved through a separate financial order, either by agreement or following court proceedings.

Even where separating spouses have reached an informal agreement between themselves, that agreement will not usually provide the same protection as a court-approved financial order. Without a financial order, there may still be scope for claims to be brought later.

This is why it is important to deal with financial matters properly, even where the divorce itself is straightforward.

What is the remarriage trap?

The “remarriage trap” refers to the risk that someone may lose the ability to bring certain financial claims against a former spouse if they remarry before making those claims.

Under section 28(3) of the Matrimonial Causes Act 1973, if a person remarries after divorce, they may be prevented from applying for certain financial orders against their former spouse if they have not already issued a valid financial remedy application. This can include claims for financial provision and property adjustment orders. The Law Commission’s 2024 scoping report refers to this as the “remarriage trap”, because people often fail to realise that remarriage can bar them from making a claim against their former spouse.

The rule can come as a surprise. Many people assume that once they are divorced, they can remarry and deal with any outstanding financial issues later. In some cases, that assumption can cause real difficulty.

Why timing matters

Timing is important because a person may still have unresolved financial claims after the final divorce order has been made.

For example, there may be no final agreement about what should happen to the family home, whether pension claims should be pursued, whether there should be a clean break, or whether one person should receive ongoing financial support.

If a person remarries before those issues have been properly addressed, they may find that some claims are no longer available to them. That could significantly affect their financial position, particularly where they have delayed dealing with pensions, property or maintenance because the immediate focus was on completing the divorce.

This does not mean that remarriage prevents every possible financial issue from being considered. The position can be technical and will depend on what applications have already been made and what orders, if any, are in place. However, it does mean that advice should be taken before remarriage if financial matters from a previous marriage remain unresolved.

Why a financial order is important

A financial order provides clarity. It records how financial claims between former spouses are to be dealt with and can, where appropriate, dismiss future claims.

There are different types of financial order. In some cases, the parties may agree a clean break order, which brings financial claims to an end. In other cases, the order may deal with the sale or transfer of property, pension sharing, lump sums, maintenance or other financial arrangements.

Where agreement has been reached, a consent order can usually be submitted to the court for approval. The court will still need to consider whether the proposed order is fair. Once approved, it provides a formal legal framework that an informal agreement cannot offer.

This is particularly important before remarriage, because it helps avoid uncertainty about what remains outstanding from the previous marriage.

What if you have already agreed everything informally?

An informal agreement can be a helpful starting point, but it is not the same as a court order.

Former spouses may agree between themselves who will keep the house, how savings will be divided or whether either person will make any further claim. However, unless that agreement is converted into a formal financial order and approved by the court, it may not provide finality.

This can create problems later if circumstances change. One person may lose their job, receive an inheritance, build a business, draw a pension or remarry. Without a court order, there may still be uncertainty about whether financial claims remain open.

Before remarrying, it is sensible to check whether any agreement reached after divorce has been properly formalised.

What issues should be considered before remarrying?

Before remarrying, it is important to understand whether the financial claims from the previous marriage have been fully resolved. That may involve considering property, pensions, savings, debts, maintenance, life insurance and inheritance planning.

Pensions are often overlooked, particularly where one person has built up significant pension provision during the marriage. Property can also create difficulty if one spouse remains living in the former family home or if ownership has not been dealt with clearly.

Maintenance should also be considered carefully. The impact of remarriage on existing or potential maintenance claims can be significant, and the position will depend on the circumstances and any orders already made.

It may also be necessary to review wills, nominations under pension or life insurance policies, and wider estate planning. Remarriage can affect a person’s legal and financial position in ways that may not be immediately obvious.

What if your former spouse is remarrying?

If your former spouse is planning to remarry, it is also worth taking advice.

Their remarriage may affect the claims they can bring, but it does not necessarily mean that all financial issues between you have disappeared. The effect of remarriage can be technical, and much will depend on whether financial remedy proceedings have already been issued, whether an order has been made and what claims remain open.

It is better to understand the position early than to assume that remarriage has resolved everything.

How Jones Nickolds can help

At Jones Nickolds, we advise on divorce, financial remedy proceedings, consent orders, clean break orders, pension claims, property issues and the financial consequences of remarriage.

If you are divorced and considering remarriage, or if financial matters from a previous marriage have not yet been resolved, our family law solicitors can help you understand your options and the practical steps involved.

To arrange an initial call with Jones Nickolds, please contact us on 0203 405 2300 or email contact@jonesnickolds.co.uk.