Can I remarry before Financial Arrangements are agreed? A guide to S.28(3) of the Matrimonial Causes Act and the impact or remarriage on financial arrangements.
Divorce and financial matters can be a long process. Whether it be reaching an agreement in respect of finances or waiting for your decree absolute, there is no doubt it can be a long and sometimes difficult process. For some, once a divorce is finalised, financial matters can remain unresolved for quite some time after. This would not usually be an issue, however, when it comes to remarriage issues can arise.
How will remarriage impact financial proceedings?
Issues can arise when a party to the financial proceedings gets remarried. S.28(3) of the Matrimonial Act 1973 specifically addresses the effect of remarriage on financial agreements. The act explains that if after the grant of a decree dissolving or annulling a marriage either party remarries or forms a civil partnership, they will not be entitled to apply for any financial provision order.
How to Protect from the Impact of S.28(3)
Although S.28(3) can cause some issues when applying for a financial order after a divorce, there are still ways in which a financial order can be sought. Firstly, if a party initiates financial proceedings before they remarry, their position is protected. The intent to issue financial proceedings should have been indicated on their divorce petition.
Another possible route for parties who have remarried would be to claim under the Trusts of Land and Appointment of Trustees Act 1996.
Finally, if a party is making a claim for the financial relief of a child from the former marriage, then S.28(3) will not apply and they will still be able to make the application for financial relief.
If you are intending on remarrying therefore before your financial matters from your previous relationship are resolved, please bring this to the attention of your solicitor. They can then issue a financial application to ensure that you are not barred from bringing a claim in the future.
If you wish to know any more information, please contact Gillian Lavelle in our Family Department on 01942 206060 or at GillianLavelle@wigansolicitors.com
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