Understanding the Re-Marriage Trap: A Crucial Consideration for Divorcing Couples

By Chloe Castel

Trainee Solicitor

Commercial Property

24 October 2025

Blog News

The recent change in the law allowing for No Fault Divorces has resulted in more people undertaking the task themselves without legal advice. The process itself has become largely administrative, and it is understandable that individuals may feel able to do this themselves.

However, in doing so, there are a number of factors which would ordinarily be communicated to a client during early advice discussions with their lawyer which may be overlooked.

One such factor is the implications of the re-marriage trap. This legal concept can significantly impact someone’s ability to secure a fair financial settlement if they remarry before resolving financial matters from a previous marriage. Here, we explore what the re-marriage trap is, its legal basis, and how to avoid it.

What is the Re-Marriage Trap?

The re-marriage trap occurs when an individual remarries or enters into a new civil partnership without settling financial matters from their previous marriage. They may be precluded from applying for certain financial orders against their former spouse or civil partner, potentially putting them at a financial disadvantage.

The impact will be different depending on whether the individual is the applicant or the respondent. When filing for divorce or dissolution, an applicant can indicate their intention to apply for a financial order. Experience tells us that many applicants do not tick this box as they don’t want the court to get involved and want to sort it out between themselves. However, the court will take no action at this preliminary stage. To formally start financial proceedings, the applicant must submit a separate application for a financial order. If the applicant does not initiate a financial claim in their initial application, they retain the right to apply for a financial order at a later date. However, this right only exists until they remarry or enter into another civil partnership if they haven’t ticked the box in their divorce application.

Once the divorce or dissolution application is issued, the respondent can also formally commence financial proceedings to apply for a financial order. However, this right is similarly restricted to the period before they remarry or enter into another civil partnership.

This situation is known as the ‘re-marriage trap’. Following the issuance of the final order of divorce or dissolution if a party remarries or forms another civil partnership, they are barred from applying for a financial provision or property adjustment order against their former spouse or civil partner.

What are the Financial Provision Orders

Under Section 28(3) of the Matrimonial Causes Act 1973, once a party remarries, they lose the entitlement to apply for financial provision orders or property adjustment orders against their former spouse. These orders include:

• Periodical Payments: Maintenance payments made by one spouse to the other.
• Secured Periodical Payments: Maintenance payments secured against a capital asset.
• Lump Sum Provisions: One-off payments.
• Property Adjustment Orders: Orders transferring/settling property ownership.

Some who remarries after a divorce will also typically be unable to apply to the court for a consent order setting out a financial settlement.

Exceptions to the Re-Marriage Trap

It is important to note that the re-marriage trap does not impact the ability to apply for a pension sharing order. An individual who has remarried retains the right to make an application for a pension sharing order, which facilitates the division of pension assets between former spouses.

Furthermore, if a party submits a valid application for a financial order prior to remarrying, that application may proceed even after they have remarried.

There are two options that may allow you to claim, if appropriate, however, these are not guaranteed and can only be made in limited circumstances.

1. You may be able to bring a claim under Schedule 1 of the Children Act 1989 as an unmarried parent for the financial provision of their child.
2. You may be able to claim under the Trust of Land and Appointment of Trustees Act 1996 (TOLATA) for an interest in the marital property.

Implications for Divorcing Couples

For those in the process of divorce, or have divorced already, it is crucial to resolve all financial matters before remarrying. Failure to do so can result in losing the right to claim financial provision or property adjustment orders, potentially leading to significant financial hardship.

Although remarriage may prevent one party from making financial claims, there is no time limit for the party who has not remarried to make an application for a financial order. The subsequent proceedings may include the remarried party’s new spouse being compelled to disclose details of their finances.

How to Avoid the Re-Marriage Trap

To avoid the re-marriage trap, it is essential to

• Resolve Financial Matters Early: To avoid the re-marriage trap, it is crucial to negotiate a joint a financial settlement for court approval before finalising your divorce and remarrying. Achieving a clean break with your former spouse ensures that they have no future financial claims against you.

• Apply for a Consent Order: A consent order makes the financial settlement legally binding and prevents future claims. It should include provisions for periodical payments, lump sum payments, property adjustments, and pension sharing. It is generally advisable not to remarry until your Consent Order and any other settlement court orders are finalised by the family court.

• Seek Legal Advice: If you are going through a divorce in England and Wales and plan to remarry soon, please consult our family lawyers. We can provide guidance on how to avoid the re-marriage trap based on your specific circumstances.

The re-marriage trap is a critical consideration for anyone going through a divorce. By understanding its implications and taking proactive steps to resolve financial matters before remarrying, you can protect your financial interests and ensure a fair settlement.

If you have any questions regarding the content of this article, or you would like to speak to a member of our team, you can contact us here.

Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.