Remarrying can bring unresolved financial issues from a previous marriage back into focus. From financial claims and maintenance to wills, pensions and nuptial agreements, there are important issues clients should address before saying “I do”. Sarah Whitelegge, legal director at Myerson, explores the risks of remarriage and explains what family lawyers should advise clients to consider first.
Remarriage is increasingly common, yet many clients enter a second marriage unaware that financial issues from their first remain unresolved. As a family lawyer, I regularly meet people who assumed their divorce was fully concluded, only to discover when planning a second wedding that financial claims, maintenance or estate planning issues remain outstanding.
According to the ONS, around one in three opposite-sex marriages in England and Wales involves at least one person who has previously been married. Yet many people remain unaware that obtaining a final order only brings the marriage itself to an end.
The accessibility of the no-fault divorce process means some parties complete the divorce application themselves without appreciating that financial claims require separate consideration. Clients who remarry without properly addressing their financial position can face significant and sometimes irreversible consequences.
The remarriage trap
One of the first questions I ask is whether there is a court-approved financial remedy order in place.
Many clients tell me they reached an informal agreement with their former spouse years ago and assumed that was sufficient. Others believed that because the divorce was finalised, neither party could make further financial claims in the future.
I often encounter clients who had no idea the provisions in section 28(3) of the Matrimonial Causes Act 1973 existed and they would lose their right to future financial claims until they started planning a second marriage. By that stage, opportunities may already have been lost.
When informal agreements are not enough
Another recurring issue is the client who says: “We’ve already agreed everything between ourselves”, not realising that informal arrangements do not necessarily bring financial claims to an end.
Remarriage often acts as the trigger that exposes these unresolved issues. What clients believed was settled can suddenly become a source of uncertainty. For that reason, before a client remarries, I always want to establish whether there is a financial remedy order and whether it achieves what they intended.
Maintenance can disappear overnight
Spousal maintenance is another area where clients don’t appreciate the impact of remarriage. I regularly see clients who receive ongoing maintenance payments and don’t realise their entitlement will end automatically upon remarriage. Where those payments form part of their regular income, the impact can be immediate and substantial.
In some cases, it may be appropriate to explore a clean break settlement or capitalisation of maintenance with the client before a second marriage takes place.
Looking beyond the divorce
Clients focused on wedding planning may not realise remarriage can affect their will, pensions, life insurance and wider wealth planning.
This is increasingly creating difficulties where there are children from a previous relationship or where the client wishes certain assets ultimately to pass to specific beneficiaries. I regularly encourage clients to review pension and life insurance documents, as it is surprising how often a former spouse remains nominated many years after divorce.
Why prenups matter
Remarriages often look very different from first marriages financially. Many clients have accumulated property, pensions, investments, business interests or expected inheritances. Others are keen to ensure that assets ultimately pass to children from an earlier relationship.
For these clients, a prenuptial agreement can be invaluable. Following Radmacher v Granatino [2010] UKSC 42, the court is likely to give effect to a nuptial agreement freely entered by parties who understand its implications unless it would be unfair to hold them to it.
Importantly, clients should be informed these discussions need to begin well in advance of the wedding and encouraged to plan ahead. Last-minute agreements are rarely ideal and may undermine the weight a court is prepared to attach to them.
The value of asking extra questions
Clients may come to discuss a wedding, prenuptial agreement or new partner, but our role as family lawyers is to look beyond the immediate issue. Asking one extra question about a previous marriage can uncover unresolved matters and address them before they become problems. That is where we can add real value.
About the author
Sarah Whitelegge is a legal director in the Family Law team at Top 200 UK firm Myerson Solicitors. Advising clients on all aspects of relationship breakdown, she has particular expertise in complex financial remedy matters, private children disputes, cohabitation issues and nuptial agreements. A Resolution accredited specialist and trained collaborative lawyer, Sarah is committed to helping clients achieve practical, constructive outcomes while protecting their long-term interests.
