A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Ex remarried prior to consent order being final

  • inneedofadvice
  • inneedofadvice's Avatar Posted by
  • Junior Member
  • Junior Member
More
16 Apr 12 #324301 by inneedofadvice
Topic started by inneedofadvice
Hi there, I am desperately trying to find an advise on whether my ex-husband is entitled to financial settlement if he has remarried prior to Consent Order being finalised. I have read somewhere that he would not be entitled to any money if he re-marries. I am looking for professional advise as representing myself in person. Any help much appreciated. Many Thanks

  • sulkypants
  • sulkypants's Avatar
  • User is blocked
  • User is blocked
More
16 Apr 12 #324344 by sulkypants
Reply from sulkypants
Sorry but can you get married if you have not had a Consent Order? Stupid question but I thought you had to have a consent order to get an absolute?

Maybe contacting the court to ask for a copy of your Absolute would help.

  • Lostboy67
  • Lostboy67's Avatar
  • Moderator
  • Moderator
More
16 Apr 12 #324345 by Lostboy67
Reply from Lostboy67
Hi,
With regard to the concent order, I don''t think there is any reason why you can''t re-marry if this isn''t in place as long as the Absolute has been signed off. That said it is usual to delay the absolute until the concent order has been finalised.
I think but am not 100% certain that the re-marriage does impact spousal maintenance but not the division of other assets.

LB

  • mez
  • mez's Avatar
  • User is blocked
  • User is blocked
More
17 Apr 12 #324354 by mez
Reply from mez
Hi.
If the Decree Absolute has been granted it states they are legally free to remarry.
The Consent Order deals with the finances & agreements for the future, not the actual divorce process. It cannot be applied for until the Decree Nisi has been granted. It becomes legally binding after the Decree Absolute has been granted. If they have remarried with no financial agreements or settlements being sorted it all depends what joint assets you still have.
EG: If you are both on the deeds of a house & nothing is in place for what happens to the property after divorce, they could come back any time to claim their share, even if they have said they won''t.
Have you phoned the freephone number on the homepage for a bit of double-checking? Good luck.

  • inneedofadvice
  • inneedofadvice's Avatar Posted by
  • Junior Member
  • Junior Member
More
17 Apr 12 #324356 by inneedofadvice
Reply from inneedofadvice
Hi there, these 2 are independent of each other. Decree Absolute was pronounced almost a year ago, as my ex husband was rushing to get it through since his new partner was heavily pregnant. He has been delaying the Consent Order as I am paying for both mortgages and the longer he delays the greater his share of equity. Now he has remarried and I thought it changes circumstances as he is treatening another court proceeding as the last part of the consent order probably wont go through on time - will be delayed by couple of weeks as properties are abroad... Oh joy! Feel like the law is protecting those taking advantage :(Thank you for your reply

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
17 Apr 12 #324360 by LittleMrMike
Reply from LittleMrMike
The one thing of which you can be certain is that if , by any chance, you had to pay him spousal maintenance, then that will cease, as SM can never survive the re-marriage of the recipient.

All divorce solicitors know of the so-called '' remarriage trap '' and at least one leading firm I know, when accepting instructions. makes it plain to clients they must inform them of any intention to re-marry, and if they don''t, then the firm will not be responsible for any consequences. In a worst case, the client could lose all right to financial relief.

The remarriage trap is not easy to explain to a non-lawyer, but it means, in effect,

1. If one of the ( former ) spouses re-marries, (s)he cannot thereafter make any financial claims against the other
2. But if a financial claim has been made during the course of proceedings, and the spouse then re-marries, the claim remains open and can be dealt with in the normal way.

Now that''s the general rule and I have deliberately over simplified it a little, but if you take this to a solicitor, the questions he would ask are,

(a) Is the client the Petitioner or the respondent ?
(b) if the client is the Petitioner, did (s)he tick the box in the body of the Petition indicating an intention to make a financial claim ? If the answer is yes, then that should suffice.
(c) if the client is the Respondent, has the client made a financial claim by filling in Form A ? If (s)he did, then again there is no problem. But if (s)he did not there is a danger that the re-marriage trap could apply.

Now the fact that a claimant may have fallen into the '' elephant trap '' of remarrying before making a claim to a financial order is not necessarily a bar to any relief, nor should it be ; it may, for example be possible to make claims under general property law. Child support is not affected, though SM clearly is, as previously stated.

But you can say with confidence that the re-marriage of either party is a fundamental change of circumstances, calling for a complete re-negotiation of any provisional agreement. Let me illustrate.

Supposing a divorcing wife marries a wealthy husband and moves in with him. Her housing needs are clearly met, and this would weaken any claim she might want to make to the former marital home.

I have gone into this in some detail, if only to illustrate the potential pitfalls here. Your husband may have fatally compromised his case by re-marriage - but it may not be affected at all, or only marginally.

I regret to say, on this issue you may well need legal advice, and he almost certainly does.

LMM

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11