The Remarriage trap

[Skullduggeryfizz]

Has anyone heard of this. My ex started divorce proceedings last year after 10 years of separation has he wanted to get remarried. He did this himself but didn't request a Financial Order.

Are there any finances to sort out? Property? Pensions?

But yeah, if he didn't tick the box to say he intends to make a claim (this doesn't necessarily mean a court application, usually means wanting to sort it out by agreement in a Consent Order), he can't bring a claim against you if he remarries. If he did tick the box then he can bring a claim except for spousal maintenance.

This is the huge problem with people doing online divorces without any legal advice. Lots of people are potentially fucked on finances if they finalise they divorce without a Consent Order, even if there's no remarriage.

Family home and a pension to sort out and no he didn't tick the box on the divorce form.

He remarried in January and I thought I needed to get the finances sorted out for my benefit. I had been trying to ignore it.
I had never heard of this before and assume neither has he.

Hopefully I won't have to sell the family home

His pension or yours?

Hang on, he “started” proceedings and got remarried? Did the divorce actually complete?

I have got the decree absolute, we are definitely divorced. This happened last year.
The pension is in his name. He is self employed and for tax purposes it was better to go in his name. I only worked part time, term time when the children were younger. I can't believe how stupid I was. I have told my daughter to make sure she is always financially independent.

Take legal advice.

You can still make a claim by negotiating with him or by issuing an application to the Court.

To be blunt, if he dies then you're screwed. No widows pension, or pension to make a claim against. If the family home is jointly owned then you could potentially be a joint owner with his new wife as she may now automatically inherit his estate.

It's not all lost, but id suggest you start sorting it out now.

What does he expect to happen with the house? He's definitely muddied the waters by remarrying.

I'm planning on making an appointment next week. The house is mortgage free with Joint Tenancy. I really need to get my head out of the sand and sort this out.

Can I ask does the Remarriage Trap apply to just him as he has remarried so he looses the right to a Property Adjustment Order, does this apply to me as well

Joint owner with the woman he was having an affair with for years is defiantly a reason to get this sorted.

As he has now remarried he cannot bring a claim against you even though there is no clean break order but you are free to claim against him as you're not remarried

Thank you for all the replies.

If you’ve come across the phase “remarriage trap” (a solicitor website phrase if ever there was one!) then why haven’t you read that it applies to him, not you? Why have you waited 10 years to sort finances, and why didn’t you during the divorce?