The “remarriage trap” is a classic example of how divorce is not always as final as it seems. While it’s natural to want to move on, doing so without resolving financial matters can have serious consequences.
In the wake of a divorce, it’s not uncommon to consider marriage with a new partner. However, it is important to proceed with caution. While divorce legally ends a marriage, it does not necessarily bring all ties to an end – especially when financial ties to an ex-spouse remain.
Wearing rose-tinted glasses at this stage can leave people exposed to one of the most misunderstood risks following divorce: the “remarriage trap”. But what exactly is the remarriage trap? Read on to understand why it matters – and how to avoid it.
Understanding the “Remarriage Trap”
Firstly, it is important to understand that while a Final Order (proof of divorce) legally ends a marriage, it does not automatically dismiss financial claims between former spouses. This means that, even after divorce, either party may still be able to apply to the court for financial remedies, unless and until those claims are formally resolved or affected by remarriage.
This is where the remarriage trap can arise: when an individual remarries after divorce without first resolving financial matters with their former spouse through a court order.
Why remarrying too soon can be risky
If you remarry before obtaining a Financial Remedy Order (or a Consent Order), you may lose your right to bring certain financial claims against your ex-spouse.
Under UK law, remarriage can effectively bar you from making key financial applications, including:
- Lump sum payments
- Spousal maintenance
- Property adjustment orders
- Pension attachment orders
This is why it is referred to as a “trap”. Many people assume everything is settled after divorce, only to find they have unwittingly given up important financial rights.
What financial claims are still possible after remarriage
Not all financial claims are lost after remarriage. For example, you may still be able to apply for:
- Pension sharing orders
- Child-related financial claims (separate from spousal claims)
However, these exceptions are limited, and in most cases, the ability to seek broader financial provision from your former spouse is permanently lost once you remarry. In a nutshell, remarriage creates a legal cut-off point. If financial claims have not been properly resolved beforehand, the law will often prevent them from being pursued afterward.
A common financial misconception of divorce
A frequent misunderstanding is that divorce automatically finalises finances, when the reality is that financial claims can remain open indefinitely if not formally dismissed. And former spouses may bring claims years – even decades – post-divorce.
This highlights the importance of properly concluding financial matters – not simply relying on the divorce itself.
How to avoid the remarriage trap
Avoiding the remarriage trap is straightforward with the right legal steps. Before considering remarriage, ensure you:
- Obtain a Financial Remedy Order approved by the court
- Consider a Consent Order if you and your ex-partner agree on finances
- Seek legal advice early in the divorce process
- Do not remarry until financial matters are formally resolved
- Ensure any agreement is legally binding – and not just an informal arrangement
Taking these steps ensures a clean financial break and protects your future.
Call Bellwether Solicitors for divorce support
At Bellwether Solicitors, we regularly advise clients on securing financial settlements that provide certainty and peace of mind.
If you are considering remarriage following divorce, taking legal advice early can help you avoid costly mistakes and protect your financial future. Contact us now for professional divorce advice in Richmond upon Thames, Twickenham and the wider areas of Surrey.
