Are you planning on getting remarried?

Having already experienced Divorce, you will be aware how difficult the process can be, particularly when there are complicated financial issues to sort. In view of this, you will want to ensure that you are fully protected should you wish to remarry.

Very often, a second Divorce can have a greater financial impact than the first Divorce. Notwithstanding this, the act of remarrying can have financial implications on previous financial orders obtained during your first Divorce. For example, if you are currently receiving spousal maintenance, then getting remarried could mean that such payments would cease.

This article will explore this issue in more depth, as well as explaining how Alun Jones Family Law can help you.

I pay spousal maintenance and I want to get remarried

A lot of spouses who pay spousal maintenance, sometimes falsely believe that if they were to remarry they will no longer have to pay periodical payments to their former spouse. This is simply not true, in most cases you will have to continue paying spousal maintenance to your ex-spouse, until your ex-spouse remarries or the court orders the payments to cease.

Respondents

The Respondent‚ in a Divorce process is the person who did not apply to the court to obtain a Divorce. If you were the Respondent, then it‚ important to know that, in order to bring a claim for financial provision against your ex-spouse, you must bring your claim before you get re-married.

It is also important to be aware that either spouse can bring a claim for financial provision to the court before they remarry.

Bringing such a claim before they remarry will allow that person to continue their claim after they get remarried.

Petitioner

The Petitioner is the term used to describe the person who made the application to the court to obtain a Divorce.

If you were the Petitioner in the Divorce, then you also cannot bring a claim for financial provision against your ex-spouse if you have subsequently remarried. However, there is an exception and that exception is, if you asked for financial provision within your original Divorce petition.

Previous Financial Orders

As noted above, remarrying can have severe impacts on individuals; and in particular, where there are previous financial orders. For example, a Mesher Order is a type of court order that postpones the sale of the matrimonial home until a specified triggering event occurs. One of these triggering events is very often remarriage.

How we can help

Alun Jones Family Law are expert family lawyers, and we are based within the centre of Cardiff.