Avoid the Remarriage Trap – What You Need to Know Before Tying the Knot Again
24 Sep 2024
Did you know that remarrying before finalising your financial matters after a divorce can block you from securing a court order, even if you’ve already agreed on a settlement with your ex?
This common pitfall, known as the “remarriage trap,” can lead to serious complications, leaving you in a tough spot if things go south.
Gail Cartwright, Family Lawyer at Sinclair Law, explains, “Most people instinctively know it’s important to settle finances before remarrying, but many don’t realise that even if you’ve reached an agreement, it’s not enough until it’s formally approved by the Court.”
If you remarry without having a court-approved financial order, you might find yourself relying on much less predictable and complex legal routes, like the Trusts of Land and Appointment of Trustees Act 1996 or the Married Women’s Property Act 1982. These alternatives simply don’t offer the same level of certainty or financial protection as the Matrimonial Causes Act 1973.
For Example
Say you’ve agreed that your former marital home will be sold in a year, but you remarry before getting this agreement locked in by the Court. If your ex decides to back out of the deal, you’ll be unable to enforce the agreement through the Family Court. Your only hope would be if you had started a financial claim as part of your divorce application. However, with more people handling divorces without legal help, many miss out on this crucial safeguard.
“Skipping legal advice might seem like a way to save money, but the reality is that the divorce process can be a minefield,” says Gail Cartwright. “It’s always wise to get specialist advice tailored to your situation and budget.”
To avoid the remarriage trap and ensure your financial future is secure, make sure any agreement with your ex is incorporated into a Court Order during divorce proceedings. It’s not just about having an agreement; it’s about having one that’s enforceable.
Contact us
If you’re considering remarriage or are in the process of divorce, contact Sinclair Law today. We offer a free 30-minute case review to help you understand your options and protect your financial interests. Our experienced team is here to guide you through every step, ensuring you’re fully prepared for the future.