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History: Home UK Divorce Forum
Topic:
Financial settlement and remarriage (8 Posts)
Started By:
Date:
15 January, 2017 09:55PM
Financial settlement and remarriage
Molly - 15 January, 2017 09:55PM
I have read somewhere that it is advisable to complete the financial settlement for a divorce before getting married again. What are the specific reasons for this and what are the consequences if someone chooses to get remarried before a financial settlement is reached with the previous spouse.
Re: Financial settlement and remarriage
Andyk - 16 January, 2017 04:18AM
It not only marriage, it's getting into a relationship with someone and moving in together.

If you separate and move in with someone, whilst the new partners finances are their own business it will be assumed that all expenses are being shared. If you just separate and then live on your own, you will obviously foot the bill for 100% of your expenses so there is less likely to be an argument around who has the most need.
Re: Financial settlement and remarriage
Molly - 16 January, 2017 09:31AM
If that is the case then we have already passed that point....now living together with new partner in house owned by new partner. I appreciate that this will be taken into account but can do nothing about that as that is where we are.

Other than the reasons already given is there anything specific that getting remarried would affect.

In case it is of any relevance the family home owned by my partner and his 'wife' is owned outright, all children are over the age of 25 and independent and the ages of the two concerned are 65 and 68 respectively if that helps to assess future needs.

The ideal situation would be to maintain the family home as is for as long as it is required by the other party and to make sufficient provision for them to live comfortably .....not sure if that is possible given what I have already read .....preferably this can be agreed amicably between the two parties without unnecessary costs and both can move on with their lives.
Re: Financial settlement and remarriage
Bubblegum - 16 January, 2017 09:49AM
I think remarriage can leave you statute barred from making any financial claims against an ex unless you have ticked the correct boxes on the divorce petition to say that you intend to pursue a financial claim. It's probably wise to start financial proceedings before remarriage.
Re: Financial settlement and remarriage
davidterry - 17 January, 2017 06:51PM
>>I think remarriage can leave you statute barred from making any financial claims against an ex unless you have ticked the correct boxes on the divorce petition to say that you intend to pursue a financial claim.

That is the point. Depending on who was the person who issued the divorce petition and what boxes were ticked on the divorce petition remarriage can result in claims arising from the marriage being statute barred. If the financial issues arising from an earlier marriage have not been formally and finally settled then it is prudent to take legal advice before getting remarried because otherwise there can be nasty and unforeseen consequences.
Re: Financial settlement and remarriage
Molly - 18 January, 2017 08:10AM
So just to clarify here.....

....it is the husband (my new partner) who is issuing the divorce petition against his ex-wife and he is the one who wishes to remarry....

...he needs to indicate on the divorce petition that he intends to pursue a financial claim even though in a sense it would be the ex-wife making a claim against him (not sure if I have that right) as on balance he probably has more than her in terms of assets...

....as long as he has made that declaration and is in the process of sorting out the financial settlement he would be free to remarry once the decree absolute has been issued though in an ideal world they should be formally and finally settled before remarriage...

...can someone explain in plain English what 'statute barred' actually means and implications of such....

....also what could the potential 'nasty and unforeseen circumstances' be as mentioned in last post.....

....don't want to frighten ourselves but just want to be prepared for any consequences of our decisions....thank you for your help....
Re: Financial settlement and remarriage
Andyk - 18 January, 2017 08:27AM
Well he could apply for the Absolute, but if for example he has a company pension scheme which pays out to his wife in the event of his death then sh he could block the absolute until the finance are sorted because that is something that she wold lose out on once the absolute has been granted.

Statute Barred - Google = "no longer legally enforceable owing to a prescribed period of limitation having lapsed"

I guess the nasty circumstances would be the wife blocking the absolute and dragging things out so you cant marry.
Re: Financial settlement and remarriage
davidterry - 18 January, 2017 03:28PM
>>Statute Barred - Google = "no longer legally enforceable owing to a prescribed period of limitation having lapsed"

In this particular case statute barred means that no financial claims can be made arising from a marriage if those claims were not made before the claimant remarried.
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