The legal implications of remarrying following a divorce

The focus when planning a wedding will, of course, be on organising a joyful day. However, marriage does carry significant legal implications, especially when one or both of the parties are remarrying after having been divorced. 

Firstly, anyone getting married in England and Wales must be able to prove that they are not currently married. To show that a previous divorce was finalised, it will be necessary to produce the Final Order (previously called Decree Absolute). If the divorce application did not reach this final stage, it will not be possible to legally remarry. In this situation, especially if the divorce was started a long time ago, it may be helpful to seek legal advice. 

Remarrying will also impact the financial remedies stemming from a previous marriage. Following an application for divorce, either party can apply for a Financial Order setting out the financial settlement between the parties. Generally, this right to apply for financial remedy ceases upon remarriage. It is, therefore, usually important to have a Financial Order in place before remarrying. 

Equally, a former spouse’s right to make a financial claim will likely cease if they remarry. However, an unmarried former spouse will still be able to make a claim if their former spouse remarries. In this situation, a new spouse may also have to disclose their financial position. 

If a Financial Order was obtained during the divorce, there may still be terms within the Order that are affected by one or other of the parties remarrying. For instance, if a party receiving spousal maintenance payments remarries, this will often trigger the end of their former spouse’s obligations to make payments. The Child Maintenance Service should also be consulted about potential changes to Child Maintenance calculations. 

For more information on any of the issues raised in this article, please contact Patrick Mulcare, Head of Family Law at SE-Solicitors, on 01295 204153, or by email at pmulcare@se-solicitors.co.uk or visit our website here