The Re-marriage Trap: How Saying "I Do" Again Could Cost You Your Financial Claims

Created: 28 July 2026

Getting remarried is an exciting milestone. After the end of a previous marriage through divorce or the death of a spouse, many people look to the future and towards a fresh start. However, few people recognise that remarrying before resolving financial matters from a previous marriage can have serious legal consequences.

In England and Wales, there is a little-known legal principle often referred to as the "re-marriage trap." It can prevent someone from making certain financial claims against their former spouse if they remarry before the court resolves those claims. Understanding how the re-marriage trap works could save you from losing valuable legal rights.

What is the Re-marriage Trap?

When a couple divorces, obtaining the Final Order (formerly known as the Decree Absolute) legally ends the marriage. The divorce itself, however, does not automatically resolve financial matters between the former spouses.

Unless there is a court-approved financial order, often referred to as a Financial Remedy Order or Consent Order, financial claims can remain open for many years.

The re-marriage trap occurs when a divorced person remarries before making an application for financial remedies against their former spouse. In many circumstances, remarriage prevents them from bringing certain financial claims in the future. This means that while the marriage may have ended, valuable rights relating to finances may also end if action is not taken before the new marriage.

What Claims Can Be Lost?

The consequences can be significant. Depending on the circumstances, remarriage may prevent a person from applying for:

-Lump sum payments -Property adjustment orders -Pension sharing orders -Spousal maintenance

These are often some of the most valuable financial claims available after divorce. It is important to note that not every financial claim automatically disappears, and the law can be complex. The exact position depends on whether court proceedings have already started and what orders, if any, have already been made.

For example, imagine a couple named Sarah and David divorce after a 20-year marriage. Although they may have separated amicably, they never formally divided their finances through the court because they believed there were few disputes.

A few years later, Sarah meets someone new and remarries. After the remarriage, Sarah discovers that David's business has become extremely valuable. Had she applied before remarrying, she may have been able to ask the court to consider a financial settlement.

Instead, because she remarried without making an application, some of those potential claims may now be permanently lost. While every case depends on its own facts, this example illustrates why obtaining legal advice before remarriage can be so critical.

Why Does This Happen?

The law intends to create certainty after remarriage. Once someone enters a new marriage, Parliament has decided that, in many situations, they should no longer be able to pursue fresh financial claims arising from the previous one. However, many people mistakenly believe that simply because they have divorced, everything has already been settled.

In reality, divorce and financial settlement are separate legal processes and this misconception can catch many people by surprise.

Does This Apply to Everyone?

Not necessarily. The re-marriage trap generally affects people who:

-Have divorced but never obtained a financial order -Have not yet issued an application for financial remedies -Decide to remarry before resolving those financial claims

If financial proceedings have already been started before the remarriage, the position is often different. Equally, if a final financial order has been approved by the court already, the issue may not arise at all because the financial claims have been dealt with. Each case depends on its own circumstances, so obtaining legal advice is always sensible.

How Can You Avoid the Trap?

Fortunately, avoiding the re-marriage trap is usually straightforward. Before making plans to remarry, consider the following:

Check whether your finances from your previous marriage have been formally resolved If there is no court-approved financial order, seek legal advice

Consider making a financial remedy application before your remarriage if appropriate If you and your former spouse have reached an agreement, ask the court to approve it through a Consent Order

Taking these steps can protect your legal position and provide certainty for everyone involved.

Why Financial Orders Matter

Even where former spouses have divided their assets informally, problems can arise years later. Without a court order, either party may still have financial claims against the other in some situations. This uncertainty can affect future relationships, property ownership and financial planning. A properly drafted financial order provides clarity and finality. It allows both people to move on with confidence, knowing that their financial affairs have been legally resolved.

Planning a wedding usually involves considering venues, guests and honeymoon destinations. Very few people think about how remarriage could affect unresolved financial claims from a previous marriage. Yet the consequences can be significant and, in some cases, irreversible.

If you have divorced and are considering remarriage, it is worth taking legal advice before setting a wedding date. Spending a little time reviewing your financial position now could prevent costly mistakes later.

The re-marriage trap is entirely avoidable, but only if you know it exists.