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

The remarriage trap is a legal rule that affects people in England and Wales who remarry before finalising a financial agreement from a previous marriage.

In simple terms, if you remarry without securing a financial order (consent order) from the court, you lose the right to apply for certain types of financial support from your ex. This includes losing the right to spousal maintenance and other financial claims.

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, the husband and wife agreed a financial settlement in which the wife would pay the husband a lump sum of £250,000. The agreement was drawn up into a formal financial agreement, known as a consent order, and submitted to the court for approval. Unfortunately, the draft order was submitted 3 days after the husband had remarried. Because of this, the court could not grant the order - it was no longer within their power to order the wife to pay the lump sum as the husband had already remarried, and so the husband walked away with nothing.” - 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, until you get a consent order approved by the court, your financial ties to your ex are still legally open, even if your divorce is final. This means that either one of you could make a financial claim against the other in the future – and your credit score, debt, inheritance and lending could still be linked.

But here’s the issue: if you go on to remarry before resolving those financial ties, you can no longer apply to the court for certain types of financial support from your ex. This includes:

• Spousal maintenance (ongoing financial support)
• Lump sum payments (as demonstrated in the example above)
• Property adjustments or equity transfer
• Shared pensions or pension attachments (where future pension benefits are allocated to you when they retire)

You can still deal with any assets already in your name or those that are jointly owned. But once you're remarried, you’re effectively locked out of applying for anything else from your previous partner. 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’re aware of it and it all comes down to timing and preparation. It’s also important to start your new marriage with excitement and hope, without ties to your ex-partner that may be unexpected. 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 ensure that your financial settlement from your previous marriage is legally finalised before entering a new one. This is done by getting a consent order, where you and your ex legally agree on the financial arrangements.

A consent order is a legal document that confirms how you and your ex have agreed to divide your finances, including any assets, debts, and ongoing responsibilities. Once it's been approved by the court, it becomes legally binding and gives you both clarity and certainty about your financial futures. You may also need to consider a mesher order, which can be helpful if the transfer or sale of your property is likely to only take place post-divorce.

Importantly, a consent order puts a stop to any future financial claims, even if one or both of you remarry later on. So, it offers long-term peace of mind.

Even if you don’t have much to split right now, having a consent order in place is still a good idea. 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. Don’t assume your divorce automatically sorts out your finances

A 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.

3. 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 and didn’t secure a financial order from your previous marriage, don’t panic, but do get 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 or property adjustment, 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. But you’d have to prove you have a legal or financial interest in it, and that can be hard as well as an expensive endeavor.

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.

By getting a consent order to finalise your previous marriage's finances, seeking professional advice, 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 happens if I remarry before getting a consent order?

If you remarry before getting a consent order from your previous marriage, you lose the right to apply for spousal maintenance or other financial support from your ex. This is known as the remarriage trap.

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 necessary 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 financial 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.