Why obtaining your Final Order of divorce without a legally binding financial clean break leaves your future wealth exposed—and how saying "I do" again can permanently close the door to claims.
When going through a divorce, reaching the Final Order (formerly Decree Absolute) feels like the ultimate finish line. It formally dissolves the marriage and restores your legal freedom to move on with life. However, one of the most dangerous and common misconceptions in family law is assuming that a divorce automatically ends your financial ties to your former spouse.
In England and Wales, the divorce itself and the financial settlement are two entirely separate legal processes. Failing to sever financial claims with a legally binding court order leaves an open-ended door to future claims. Even worse, remarrying before those finances are resolved triggers what family lawyers refer to as the "Remarriage Trap"—a costly mistake that can severely compromise your financial security.
What is the "Remarriage Trap"?
Under Section 28 of the Matrimonial Causes Act 1973, if you divorce and subsequently remarry (or enter a civil partnership) without having made a formal financial application against your former spouse, you permanently lose the right to apply for most financial orders.
This means you can no longer ask the court for:
Lump Sum Orders: Capital cash payouts from your ex-partner's assets or savings.
Property Adjustment Orders: A share or transfer of property owned by your former spouse, including the former matrimonial home.
Spousal Maintenance: Ongoing monthly financial support for yourself.
The only significant financial remedy that survives remarriage is an application for a Pension Sharing Order—and even then, pension claims are far more difficult to negotiate effectively without the context of a broader capital settlement.
The One-Way Risk: How the Trap Leaves You Vulnerable
The true danger of the Remarriage Trap is that it often creates an unfair, one-sided dynamic:
You lose your claims: If you remarry without filing an application or securing a consent order, your ability to claim against your ex-spouse vanishes.
Your ex-spouse keeps their claims: If your former spouse does not remarry, their legal right to make financial claims against you remains completely intact.
This asymmetry can lead to severe consequences years down the line. If your career flourishes, you inherit wealth, or you build a substantial business following your new marriage, your unmarried former partner could potentially apply to court for a financial settlement—while you are legally barred from making a counter-claim against them.
Key Financial Pitfalls to Watch Out For
1. Relying on Informal Agreements A verbal promise, a written agreement drafted between yourselves, or even a separation agreement is not legally binding on the family court. Without a formal Consent Order approved and sealed by a judge, neither party has achieved a valid "clean break."
2. The Famous "Form A" Exception There is a crucial procedural nuance: if you indicated in your original divorce application (or filed a formal "Form A" application for financial remedies) before you remarry, your claims may be technically preserved. However, relying on procedural technicalities is risky, complex, and no substitute for resolving finances properly beforehand.
3. Second-Marriage Asset Blending Entering a new marriage while an ex-partner still holds potential claims over your assets puts your new marital wealth in the crosshairs. If your ex-spouse makes a future financial claim, the court will examine your entire financial reality—potentially dragging your new spouse’s financial contributions and living arrangements into the dispute.
The Essential Solution: A Legally Binding Consent Order
The only way to guarantee total protection before walking down the aisle a second time is to secure a Financial Consent Order with a full clean break.
Full Financial Disclosure: Both parties provide a transparent overview of their assets, pensions, debts, and income.
Drafting the Agreement: A solicitor drafts the terms detailing how property, savings, and pensions are divided, incorporating mutual clean-break clauses.
Judicial Approval: The order is submitted to the court for a judge to review and approve, permanently dismissing all future claims between you and your former spouse.
How D&A Solicitors Can Help
A new marriage should be a time of celebration and fresh beginnings, not lingering financial anxiety. Whether you are currently negotiating a divorce settlement, planning to remarry, or worried about unresolved finances from a previous relationship, taking proactive legal advice ensures your hard-earned assets remain protected.
At D&A Solicitors, our specialist Family Law team in Birmingham guides you through transparent negotiations, ensures thorough pension and asset valuations, and secures watertight Consent Orders tailored to your goals.
Contact our Family Law team today to discuss your circumstances in confidence and ensure your financial future is completely secure.
0121 523 3601
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