Beware! The Remarriage Trap!

If you ever decide to tie the knot again after a divorce, you may really be putting the past behind you.

Respondent parties who have not filed a cross-petition in divorce proceedings should beware of the “Remarriage Trap”. Broadly, unless the financial aspects of the divorce have been settled at the same time as the divorce, Respondent parties will be barred from making any future financial claims against their ex-spouse if they remarry.

What this means is that if you are seeking to make a financial claim against your ex-spouse, it’s really important that you do so before remarrying. Even if you are not seeking to do so, it’s still important that you consider settling the finances of the marriage by entering into a financial Consent Order. This will avoid the risk of your ex-spouse making an application against you in the future without you having the ability to apply to prevent this.