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I'm Getting Remarried, Do I Need a Clean Break Order?

Remarriage has become more common place in England and Wales over the last 20 years.

This comes with legal complexities, especially when it comes to finances.

Learn everything you need to know about remarriage and clean breaks to secure your financial future.

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    Remarriage and Clean Breaks – What you need to know

    Remarriage in England following a divorce is a decision that requires thorough consideration, particularly when the parties have not settled their financial affairs with a financial remedy order.

    The legal intricacies of this situation can significantly impact both parties.

    This article aims to shed light on the implications of remarrying after divorce without a financial remedy order, examining the potential financial claims available to the ex-spouse, and the limitations brought about by remarriage.

    Understanding Financial Court Orders in Divorce

    A financial remedy order is a crucial concept in English divorce law.

    This legally binding order details how assets, property, pensions, and spousal maintenance are to be divided between the divorcing parties.

    Without this order being approved by a court, former spouses’ financial claims against each other remain unresolved.

    This lack of resolution means that financial claims can still be made many years post-divorce, regardless if you remarry.

    A clean break order, a specific form of financial remedy order, is essential in severing all financial connections between divorced individuals.

    This type of order ensures that neither party can make future financial claims against the other, offering a definitive end to their financial relationship.

    Obtaining a clean break might not be possible, but there are other court orders couples can use to prevent spouses from claiming against their assets in the future.

    We have written about the differences between a clean break order and a consent order in more detail to help you understand how they differ.

    Implications of Remarrying Without a Clean Break

    When an individual remarries without securing a financial remedy or a clean break order, the situation can become complicated.

    In England, remarriage can significantly affect the ability of an ex-spouse to make financial claims.

    Notably, the ‘remarriage trap‘ states that if an individual remarries without lodging a financial claim, they forfeit the right to make such claims related to their previous marriage, including maintenance, lump-sum payments, or pension shares.

    Financial Claims Post-Remarriage

    Despite the remarriage trap, certain financial claims remain viable after remarriage.

    These include claims related to property or shared assets.

    Such claims can be pursued even after entering into a new marriage, and they can involve significant sums, especially if the asset values have increased over time.

    Read More: Decree Absolute Ends Marriage, But Not Financial Commitments

    The Need for a Clean Break Order Before Remarrying

    To circumvent future financial complications and ensure a fresh start, obtaining a clean break order is highly advisable for anyone considering remarriage post-divorce.

    This legal measure ensures the finality of financial relations with the ex-spouse, safeguarding both parties from future disputes.

    In summary, remarriage in England without a prior financial remedy order can profoundly influence the financial claims an ex-spouse can exercise.

    This article primarily addresses the potential for claims after a divorce when a clean break has not been approved by the court, however, there is another topic to consider. How does a second marriage affect divorce settlements?

    While the remarriage trap limits some claims, others persist.

    To guarantee financial security and a true new beginning, securing a clean break financial order is a wise and protective step, providing both parties with peace of mind as they move forward into new chapters of their lives.

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    Need advice? Speak with our friendly team today

    If you are getting re-married and need advice on ensuring you protect your financial future and don’t lose out on financial rights, get in touch with us.

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    Mark Keenan - CEO of Divorce-OnlineThis post was written by Mark Keenan. Managing Director of Online Legal Services Ltd. Mark has been writing about divorce and related subjects for over 20+ years and is an expert in legal marketing.

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