Remarriage After Divorce – Legal Considerations

If you have been divorced and you are thinking of getting remarried, there are a few legal implications you should be aware of before you tie the knot.

At Chadwick Lawrence, we want to make sure that everything is in order at this stage to prevent difficulties from arising later on.

Check with your solicitor what your position is regarding your previous marriage

If you have made amicable arrangements with your former spouse regarding your finances, property, and children, you may want to ensure that these cannot be challenged once you have remarried.

It is possible to have agreements put into a legally binding consent order so that both you and your former spouse know exactly where you stand. This will avoid disagreements or misunderstandings and allow you to rely on the agreed terms.

If your agreement is not set out in an order, there is a risk that your former spouse could challenge it. This could result in a legal dispute and could mean that your new partner has to disclose all of their financial details to your former spouse and their solicitor as well as to the court.

Payment of spousal maintenance

If you receive spousal maintenance under a spousal maintenance order, this will usually end if you remarry. You must therefore take this into account before going ahead, to ensure that you will be able to manage without this income.

Similarly, if you are liable for spousal maintenance payments to your former spouse, you should consider whether you will be able to continue making them if you remarry. If your income is likely to go up or down substantially, your spousal maintenance payments could potentially be altered.

Protecting your assets for the future

If you have children from a previous relationship, you may want to protect your assets for them for the future. You are strongly advised to speak to a solicitor before you remarry, to ensure that your financial position is protected and that everyone will be provided for in the way that you wish.

It is particularly important to make a new Will if you have children and you remarry, as any previous Will automatically becomes invalid on marriage, unless it has specifically been made in contemplation of your marriage.

It is possible to leave assets to your children while also providing for your new spouse. We can discuss with you the best way to structure your estate and ensure that all of your loved ones are taken care of in the future.

Without a Will, there is a risk that your children could lose out, as your spouse will inherit the largest proportion of your estate and, in some cases, could inherit everything. Even if they have made a Will leaving assets to your children in turn, it is open to them to change this in the future, meaning your children could be left with nothing.

Pre-nuptial agreement

You can also consider putting a pre-nuptial agreement or prenup in place before you marry. This can be tailored to your specific circumstances and can include whatever you wish. It will usually cover issues such as how assets would be split if you decide to divorce and how debt will be dealt with.

It can also be used to protect assets for your children and to safeguard inherited money, property or savings that you have built up yourself.

While a pre-nuptial agreement is not legally binding, where it has been properly drafted and both parties have made full financial disclosure to the other and taken independent legal advice before signing, the courts will usually follow its terms in making an order, provided your circumstances have not drastically altered and that the terms of the agreement are fair.

If you would like to speak to one of our expert family lawyers, ring us on 0800 015 0340 or email us at mailto:info@chadwicklawrence.co.uk