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Re-marry in haste – repent at leisure?

Solicitor and Managing Director

Your divorce is over, you have met a new partner and you wish to remarry.  You know that there is no problem because you have your Decree Absolute, which means that your previous marriage has been dissolved. Are there any issues in going ahead with your new marriage?

The answer is, potentially, yes.  If you have settled the financial side of the marriage and you have entered into a Financial Remedy Order (either by consent or via Court proceedings) then all aspects of the marriage are finalised and you can go ahead. If no financial order has been entered into then there is a risk in the future that you will not be able to properly settle any assets from your previous marriage unless this is by consent.

The law prevents you from making an application to the Court under the Matrimonial Causes Act 1973  if you have remarried.  This means that, if you want to pursue any assets of that marriage, then you would be restricted from making the usual matrimonial application and your rights to claim would be limited to other non-matrimonial law.   This would make the process more complex and potentially more expensive and you may still not be able to achieve settlement of all aspects of the financial side of your previous marriage.  If you have any concerns about your position then it is sensible to seek legal advice as early as possible.

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