What is the remarriage trap – and the key to avoiding it

Finding love again after divorce could feel like a new beginning and a chance to build the happy relationship you've always wanted. But, if you haven't properly finalised the financial side of your previous marriage, remarriage could lead you into what legal professionals call the 'remarriage trap.'

Understanding the remarriage trap

Here's what it means: if you remarry before opening your financial claims from your previous marriage, you could lose the right to ask for certain types of financial support from your ex – like lump sum payments or a share of property.

What does 'opening your financial claims' mean? It simply means officially telling the court that you want to be able to sort out the financial side of your divorce. You do this by ticking a box on your divorce application (if you’re the applicant in a sole divorce application, or one of the applicants in a joint divorce application) or by filling in a form called a Form A (if you’re the respondent, or if you have ticked no on the divorce application). Once you've done this, you keep the right to sort things out properly – even if it takes a while.

It’s not a widely known rule, but it’s one that can have serious consequences if overlooked. At amicable, we see many people caught off guard by this, which is why it’s so important to understand it fully before saying 'I do' again.

The ‘remarriage trap’ originally hit the headlines in 2008 in spectacular fashion, demonstrating the pitfalls of remarriage before concluding financial agreements. In this instance, a couple had agreed that the wife would pay the husband £250,000 as part of their divorce financial settlement.

This was drawn up into a formal financial agreement, known as a consent order, and submitted to the court for approval. But unfortunately, the husband had not formally ‘opened’ his financial claims before doing so, and by the time the correct paperwork reached the court, it was too late – he'd already remarried three days earlier.

As a result, the court couldn’t approve the order, and the husband walked away with nothing. It's a stark reminder that getting the timing and paperwork right really matters.

- Nicole Macdonald, amicable Divorce Specialist

Why the remarriage trap matters

Let’s say you’ve gone through the divorce process but didn’t finalise your financial split with a formal consent order. This can happen for lots of reasons, maybe you and your ex made a verbal agreement, or perhaps you just wanted to move on as quickly as possible and avoid more paperwork. It’s a common scenario, especially in amicable breakups where things seem settled or finances are less complex.

However, if you do not ‘open’ your financial claims and you go on to remarry, you can no longer apply to the court for certain types of financial support from your ex.

This includes:

• Lump sum payments (as demonstrated in the example above
• Property adjustments or equity transfer

This is why it’s called a 'trap', it’s easy to fall into if you don’t know it exists, and by the time you realise, it may be too late to protect your financial future.

How to avoid falling into the remarriage trap

Avoiding the remarriage trap is straightforward once you know about it. Here's how to protect yourself.

1. Get a consent order before you remarry

The most effective way to avoid the remarriage trap is to make sure that the financial settlement from your previous marriage is legally finalised before entering a new one.

This is done by getting a consent order - a legal document that confirms how you and your ex have agreed to divide your finances during divorce. Once the court approves it, it becomes legally binding and gives you both clarity and certainty about your financial futures.

Here's why it matters: it stops either of you making financial claims in the future, even after remarriage. Think of it as drawing a clean line under your previous relationship, so you can move forward without worry.

Even if you don’t have much to split right now, getting a consent order is still worth it. It provides what’s called a 'clean break,' which means you both move forward knowing there are no outstanding financial ties or future claims to worry about, and you can enjoy any lottery wins or other unexpected windfalls without conflict!

At amicable, we can help you reach an agreement with your ex and turn it into a legally binding consent order without unnecessary conflict or expense. This gives you peace of mind that all financial ties have been dealt with fairly and protects you and your ex-partner.

We always recommend preparing the documentation for your consent order during the mandatory waiting periods, before your final order is complete. This helps to align your final order with your consent order.

2. Make sure your financial claims are 'open'

Look back at your divorce application. Did you tick the box to say that you intend to apply for a financial order? If yes, you're protected – remarriage will only stop claims for ongoing monthly payments (spousal maintenance), which end automatically anyway when you remarry.

If you left that box unticked or your application doesn't mention it, you'll need to submit a Form A to court. This officially opens your financial claims and protects your rights.

The most effective way to avoid the remarriage trap is to make sure that the financial settlement from your previous marriage is legally finalised before entering a new one. This is done by getting a consent order - a legal document that confirms how you and your ex have agreed to divide your finances during divorce. Once the court approves it, it becomes legally binding and gives you both clarity and certainty about your financial futures.

Here's why it matters: it stops either of you making financial claims in the future, even after remarriage. Think of it as drawing a clean line under your previous relationship, so you can move forward without worry.

Even if you don’t have much to split right now, getting a consent order is still worth it. It provides what’s called a 'clean break,' which means you both move forward knowing there are no outstanding financial ties or future claims to worry about, and you can enjoy any lottery wins or other unexpected windfalls without conflict!

Not sure what you ticked? We recommend getting advice to make sure you're both protected.

3. Don't assume your divorce automatically sorts out your finances

IA common misunderstanding is that once you’re legally divorced, everything is sorted. But the final order (previously called the decree absolute) only ends the marriage, it doesn’t end your financial obligations or rights. You can still make financial claims long after your divorce, unless you’ve secured a consent order.

That’s why it’s important not to treat divorce and financial arrangements as two separate processes. They should go hand in hand, especially if you’re planning to remarry, or think you might at some point in the future.

4. Get advice before making big decisions

If you’re thinking about remarrying and haven’t yet formalised your financial settlement, speak to a Divorce Specialist before making any big legal moves.

At amicable, we offer a free 15-minute consultation to help you understand your options and make a plan that works for you. Taking this step can save you from unknowingly giving up important financial rights, and help ensure your future is financially secure.

What happens if you’re in the remarriage trap?

If you've already remarried without sorting out your previous financial settlement, don’t panic. It's not ideal, but you're not alone – and there may still be options available.

The first step is to get expert advice. Booking a consultation with one of our Divorce Specialists will allow you to explore the best route forward for your situation.

While you won’t be able to make claims for spousal maintenance, lump sums or property adjustments, there may still be options available depending on your individual circumstances.

For example, if you and your ex had a child and you weren’t married, you might be able to ask for money from your ex to help support the child – but only if the child is still under 18 or in education. This is due to the Children Act 1989, Schedule 1.

Or, if you and your ex owned a home together and you believe you still have a share in it – even if it’s not in your name – you might be able to make a claim due to the Trusts of Land and Appointment of Trustees Act 1996.

Every situation is different, and it’s worth getting expert help to understand your situation and move forward in a practical way.

If you haven’t yet remarried but are engaged or planning a future with someone new, this is the perfect time to sort out any remaining financial ties from your previous relationship. That way, you can enter your new marriage with confidence, knowing everything is in place.

The remarriage trap is a serious legal situation that can have lasting consequences for your financial future. However, it's completely avoidable with proper planning and legal guidance.

Ideally, getting a consent order to finalise your previous marriage's finances, or at the very least seeking professional advice about opening your financial claims and taking time to fix all outstanding issues properly, you can remarry with confidence, knowing that you've protected both your interests and those of your new partner.

Remember, sorting out these important things doesn’t take away from the happiness of finding love again. It helps make your new relationship stronger by clearing up stress and avoiding future worries.

FAQs

What is the remarriage trap?

The 'remarriage trap is often a term used to describe the rule in family law that can stop someone from making financial claims against their ex after they remarry. This is called a 'trap' because it can catch people off guard if they don't realise that remarrying can have an impact on their financial settlement.

What does 'opening my financial claims' mean?

It means telling the court you want to sort out money and property after your divorce. You do this by following out Form A, if you're the respondent.

What is spousal maintenance?

Spousal maintenance is money one ex-partner pays to the other after divorce to help if they can’t support themselves. It’s paid to cover living needs when someone is in a weaker financial position and ends when you agree this in a consent order, when someone dies or the person receiving the payments remarries.

What happens if I remarry before getting a consent order?

Remarriage automatically ends your right to ask for ongoing monthly payments (spousal maintenance). But if you opened your financial claims before remarrying, you can still ask for other types of support, like lump sums or a share of pensions. This is why timing matters.

Can my ex still make a claim against me if I remarry?

Yes. If your ex hasn't remarried and there’s no financial order in place, they can still make a claim against you even years after the divorce. This is why it’s important to get a consent order to legally end all financial ties.

Is a consent order neccessary if we have no assets?

Even if you don’t have any shared assets right now, a consent order is still important. It legally ends any future claims, meaning neither of you can come back later and ask for financial support. You can pursue a ‘clean break’ consent order if you want to end all financial ties and then neither person can claim future payments.

I've been divorced for several years but never sorted out our finances. Is it too late to get a consent order?

It's never too late to get a consent order, even years after your divorce. Until you have a consent order in place, both you and your ex can make financial claims against each other. So, if you're planning to remarry, it's crucial to get a consent order beforehand, as remarriage will limit your ability to make future claims while still leaving you vulnerable to claims by your ex. The sooner you address this, the better protected you'll be. It’s also important that you understand the law fully, which an expert can help with.

My ex and I agreed verbally that we wouldn't make claims against each other. Do I still need a consent order?

Yes, you absolutely still need a consent order. Verbal agreements, no matter how sincere or well-intentioned, have no legal weight and can’t prevent future financial claims. Your ex could change their mind at any point or have a change in circumstances, even after you've remarried, and pursue claims against your assets. Only a court-approved consent order can provide the legal certainty and protection you need to move forward with peace of mind.

How can amicable help with consent orders?

amicable offers fixed-price services to help couples reach a fair financial agreement and turn it into a legally binding consent order. We focus on reducing conflict and guiding you through the process with practical and emotional help. You can learn more and book a free consultation here.