What are the legal and financial implications of getting remarried?
The number of people getting remarried is on the rise. It is important for these people to understand the legal and financial implications of getting remarried, for them and their family, if they are divorced or an earlier civil partnership has been dissolved.
Am I legally divorced?
Divorce and dissolution in England and Wales is a two-stage process. The first stage is to obtain the conditional order (previously decree nisi) and the second stage is to obtain the final order (previously decree absolute). The final order can only be applied for six weeks and one day after the conditional order and is often delayed whilst parties are resolving their financial claims against each other.
For more information, see our article on the difference between a conditional order and a final order.
If you have previously been married or in a civil partnership, you can only get remarried if you have the final order and you will need to provide evidence of your marital status before getting remarried. Marrying someone while already married is a criminal offence in England and can have serious legal consequences. If you are concerned that your conditional order has not been made final, speak to one of our specialist family lawyers.
People sometimes embark on a new relationship whilst their divorce and financial proceedings are still in progress, and this may affect their financial settlement. A new partner's financial resources may be taken into consideration in the settlement, especially if the new couple are cohabiting. A specialist family lawyer can advise you on when this may be the case and the potential impact on any ongoing financial proceedings.
Are the finances from my previous marriage resolved?
Remarriage may bring unforeseen financial consequences if there are unresolved financial matters from a previous marriage. This is especially true if there is a property which still needs to be dealt with.
If you have agreed your financial arrangements informally with your ex-spouse, it is important that you protect your financial position before you remarry. This may be done by converting any agreement into a formal consent order, which is then approved and sealed by the court.
In some circumstances re-marriage may prevent you from making an application for a financial order and therefore prevent you from resolving these financial issues, unless your ex-spouse agrees or makes an application themselves. For more information on whether you can make an application for a financial order after you have remarried, see our previous article.
If you have not finalised the financial arrangements, your ex-spouse may still be able to make an application against you after you remarry. This may also involve your new spouse having to disclose details of their financial position.
What impact will my remarriage have on any financial order from my previous marriage?
Certain financial orders will automatically end on the receiving parties' remarriage, and it is important to review any financial, court or consent order prior to your remarriage to see how this will be affected. See our previous article on financial implications of remarriage.
Will my child maintenance need to be recalculated?
If you are the person paying child maintenance, and your new spouse has children from a previous relationship who live with you, or if you have children together, the child maintenance which you are paying will need to be re-calculated, if assessed by the Child Maintenance Service. Your income will be considered reduced by different percentages depending on the number of children who are now living with you.
If you are the person receiving child maintenance and remarry, there will not be a recalculation of the child maintenance you are receiving. However, if the paying party tells you they are remarrying, you may wish to agree with them the amount of child maintenance they will pay after they remarry, to avoid a potential reduction in this if they will be living with step-children.
How will the arrangements for my children from my previous marriage be affected?
It is important to consider how any previously agreed or ordered arrangements for your children will be impacted by your remarriage, especially if you and your new spouse are considering setting up home in a different area or country.
If you are the parent who the children live and spend most of their time with, you will need the other parent's agreement, or permission of the court, to move away and especially to move country. If the other parent has parental responsibility, you will also need their agreement, or permission of the court, to do things such as change the children's school, doctor, or surname.
If you are the non-resident parent and wish to move away within England and Wales or even move abroad, you should consider how this will affect the arrangements for when you spend time with your children from a previous marriage. A previous agreement or court order may need to be altered to take into consideration increased travelling duration and frequency and the impact this might have on the children. For example, it may not be practical for the children to spend shorter periods with you and therefore longer periods of time over holidays or more frequent weekends may be more suitable. You should also consider things such as offering to undertake most of the additional travelling resulting from your move or paying the additional travel costs.
Do I need to make a new will when I remarry?
If you remarry this automatically cancels any existing will you have, and it is important that you make a new will to reflect your new circumstances.
Remarriage can also complicate inheritance matters particularly if there are children and stepchildren involved. You may wish to provide for your new spouse when you pass away but also ensure that your children from a previous relationship are provided for and this will need to be taken into consideration when you revisit your will and estate plans. It is important that your will accurately reflects your wishes.
Do I need a prenuptial agreement?
When you remarry, you should consider entering into a prenuptial agreement with your new spouse to clearly outline financial arrangements and protect your individual assets for potential future separation or divorce.
Prenuptial agreements can be extremely important to protect your assets in the event of the breakdown of your marriage. Likewise postnuptial agreements can protect assets acquired during a marriage or civil partnership. This is particularly important if there is an imbalance of assets, now or anticipated in the future. You may also have monies you would wish to ring-fence from a previous relationship. Should things go wrong, you will have a clear idea of where you stand and there is a documented account of your intentions at the time you married.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
