Divorce and the finances on divorce are two separate processes; the assumption that getting divorced will cut the financial ties between former spouses is not correct. The rights of each spouse to pursue the other for financial claims that arose from their marriage remain live, regardless of how much time has elapsed since the marriage ended, unless and until a financial order is approved by the court. Such an order can include a “clean break”, which will terminate the financial claims, achieving certainty for the parties.

Without an order, either individual remains vulnerable to a future application from their former spouse for property adjustment, lump sum payments, pension sharing orders or spousal maintenance, particularly if the other party’s circumstances decline or their own assets significantly appreciate.

Baker Law Solicitors
Lydia Davis, Solicitor (Baker Law Solicitors)

The “remarriage trap” refers to a change in status if someone remarries without first achieving a financial order and clean break from their previous spouse - once married, they lose their ability to initiate claims against their former spouse, thought the ability to apply for a pension sharing order remains. The trap only affects the spouse who remarries; the remaining unmarried ex-spouse retains the full right to bring claims against the newly remarried party.

To avoid forfeiting financial entitlements, individuals should ensure that a court-approved financial order is achieved before entering into any subsequent marriage or civil partnership.

If you are seeking legal advice in relation to a divorce, or financial arrangements, please contact us at Baker Law on 01252 733770, or send us an email at [email protected]