Rechercher dans ce blog

Friday, December 9, 2022

What Is "The Remarriage Trap" And How To Avoid It - Divorce - UK - Mondaq

ragamnyakabar.blogspot.com

To print this article, all you need is to be registered or login on Mondaq.com.

A “Final Divorce Order”, formerly known as a “Decree Absolute”, is not as “final” as it sounds. 

Whilst a Final Divorce Order ends a marriage, leaving each party to remarry, it does not automatically terminate the parties' financial claims against each other.

Even after a Final Divorce Order has been made, former spouses who do not obtain a Final Financial Order are not barred from applying to the court after the divorce for lump sum orders; transfer of property orders; periodical payment orders (spousal maintenance); and pension sharing orders.

In the case of Wyatt v Vince: a married couple who separated in 1984 and divorced in 1992 did not obtain a Final Financial Order at the time and then, in 2010, Mr Vince's former wife applied to the court for an order that he pay her a lump sum.  The husband tried to have the claim struck out but the Supreme Court unanimously determined that it could proceed, as the long delay did not change the fact that there was a legally recognisable claim, the merits of which should rightly be considered despite the passing of time.

Where a divorcee re-marries, without first obtaining a Final Financial order, they fall into the remarriage trap  and will not be able to apply for the following type of financial relief from their former spouse:

Lump sum orders

Property adjustment orders

Periodical payment orders

Pension attachment orders

The remarriage trap does not apply to pension sharing orders.  Even once a divorced person has married, they can apply for a share of their former spouse's pension.

Finalising financial matters with a Final Financial Order at the time of divorce is always advisable and is the best way to obtain certainty for both parties and avoid the risk of future litigation.  An order can be obtained by agreement, out of court, or imposed on the parties by a judge if an agreement cannot be reached.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

POPULAR ARTICLES ON: Family and Matrimonial from UK

Adblock test (Why?)



"avoid it" - Google News
December 09, 2022 at 01:22AM
https://ift.tt/qua253K

What Is "The Remarriage Trap" And How To Avoid It - Divorce - UK - Mondaq
"avoid it" - Google News
https://ift.tt/Fi5KvDR
https://ift.tt/aie5M7D

No comments:

Post a Comment

Search

Featured Post

This North Texas city has asked large trucks to avoid its quaint downtown. They come anyway - Yahoo News

ragamnyakabar.blogspot.com Glen Rose’s downtown — lined with boutiques, antique shops, bookstores and cafes in early 20th century building...

Postingan Populer