What the “Remarriage Trap” Means — and How to Steer Clear

At Haris Law Solicitors, we often speak with clients who assume once their divorce is final, everything is resolved. While the final order formally ends the marriage, financial matters and future risks can remain — especially if you remarry too soon without sorting out the division of marital assets. This is commonly referred to as the “remarriage trap.”

Why the Remarriage Trap Matters

When you remarry after divorce without a court-approved financial consent order, you may lose important rights against your former spouse. Specifically, you could be unable to claim:

• Spousal maintenance or a lump sum

• Periodical payments

• A property adjustment order

  
  

These protections vanish once you remarry (unless a consent order is already in place). That said, you retain the right to claim a share of your ex-spouse’s pension, and child maintenance arrangements remain separate and unaffected.

If your ex does not remarry, and no financial order was secured after divorce, they retain the right to apply for financial provision. That means your new spouse — and their assets — could be dragged into a financial settlement.

Why This Trap Often Catches People by Surprise

Many people do not realise that dissolving a marriage with a final order does not automatically sever financial ties. The division of assets within a marriage and any claims for financial provision are separate from the divorce itself.

Even if you kept finances separate during the marriage, the law treats both spouses as financially linked until the court formally divides the matrimonial pot. Remarrying before that process is completed effectively closes the door on those rights.

On top of that are the implications for future relationships. If your second marriage ends, the assets brought into that marriage may be considered part of the marital property. Also, your new spouse becomes your legal next of kin — which affects inheritance if you pass away without an up-to-date will.

How to Avoid the Remarriage Trap

The only dependable way to protect yourself is to obtain a court-approved financial consent order that clearly sets out how all marital assets will be divided. Informal agreements — conversations, emails, or promises between you and your ex — are not binding and provide no legal protection.

The ideal moment to secure this order is during the divorce process, between the initial application and the final order — ideally before you remarry. However, you can still apply for a consent order after the divorce, as long as you have not remarried.

To safeguard your future finances and that of any new partner, seek informed, practical advice from experienced family law professionals.

How Haris Law Solicitors Can Help

At Haris Law, we pride ourselves on giving clear, straightforward advice — no legal jargon. Should you wish to remarry after divorce, we can guide you through obtaining a financial consent order to ensure the matrimonial pot is properly divided.

We aim to make the legal process as stress-free as possible. If you are considering remarriage and uncertain about your financial position, contact us for guidance.

Together, we can help you protect your financial future and move forward with certainty.