Our Family Law team brings decades of combined experience in handling complex post-divorce matters, particularly those involving remarriage and new relationships. Our expertise spans both contentious and non-contentious cases, from high-net-worth individuals with complex asset structures to cases involving sensitive children’s arrangements.
We understand that entering into new relationships after divorce can create uncertainty about existing financial arrangements. Our team has particular strength in navigating the intricate interplay between existing court orders and new family structures, having successfully represented both paying and receiving parties in numerous applications.
Effect of remarriage on divorce financial orders
- Maintenance Orders – when a recipient of spousal maintenance remarries, the maintenance order automatically ends under the Matrimonial Causes Act 1973, with immediate effect from the date of remarriage. Once terminated by remarriage, a maintenance order cannot be restored even if the second marriage subsequently breaks down or is annulled, leaving the recipient potentially vulnerable. Any maintenance specifically ordered for children remains fully enforceable and unaffected by the parent’s remarriage, as this relates to the ongoing needs of the children. Any maintenance arrears that accumulated before the date of remarriage remain legally enforceable and must still be paid by the paying party.
- Lump Sum Orders – any lump sum payments ordered by the court but not yet paid must still be satisfied despite remarriage, as these represent a capital settlement rather than ongoing maintenance. Where a lump sum is payable by instalments, these payments continue to be owed regardless of the recipient’s remarriage, as they represent a crystallized debt. The court retains its full powers to enforce payment of lump sums through various methods, including charging orders or attachment of earnings, irrespective of new relationships.
- Pension Orders – Once a pension sharing order has been implemented, the recipient’s remarriage has no effect on their pension rights acquired under the order, as these become their independent asset. Any application for pension sharing must be completed and sealed by the court before remarriage occurs, as the court loses jurisdiction to make such orders after remarriage.
- Property Adjustment Orders – property transfer or adjustment orders that have been made remain fully enforceable despite remarriage, as they represent a capital settlement of property rights. Where property transfers haven’t been completed before remarriage, they must still be executed according to the original order, regardless of the new marriage. A new spouse gains no legal rights over property that is subject to existing court orders from a previous marriage, protecting the original settlement.
- Inheritance Rights – upon remarriage, any provisions made for a former spouse in a will are automatically revoked unless specifically written to survive remarriage, making it crucial to review estate planning. The new marriage creates fresh inheritance rights for the new spouse under both intestacy rules and the Inheritance Act 1975, requiring careful consideration of estate planning. Existing wills should be reviewed and updated to reflect the new family situation and ensure assets are distributed according to current wishes. Any trusts established during the first marriage should be carefully reviewed to understand how remarriage affects beneficiary rights and trust administration.
What about post-divorce cohabitation?
Unlike remarriage, cohabitation does not automatically terminate a maintenance order, but it can provide grounds for the paying party to seek variation or termination. The court has discretion to vary maintenance based on the recipient’s cohabiting relationship and will carefully examine the degree to which the cohabiting couple have integrated their finances and share living expenses, as this may reduce the recipient’s need for maintenance.
The court may reduce maintenance payments in proportion to reflect the financial benefit the recipient gains from cohabitation. A suspension of payments might be ordered while cohabitation continues, with the possibility of reinstatement if the relationship ends. Complete termination of maintenance may be ordered if the court finds the recipient’s financial needs are being met through the new relationship. Time-limited continuation might be ordered to allow the recipient to adjust to reduced payments. The court might order capitalisation of maintenance, providing a clean break while acknowledging the recipient’s ongoing needs.
We represented a wife recently who was the recipient of a maintenance order following the breakdown of her marriage. When her ex-husband found out she was cohabiting with her new partner, he made an application to terminate the maintenance. The Court accepted that although the wife was cohabiting with her new partner, she still had ongoing financial need. Instead of continuing the maintenance order, the Court ordered the ex-husband to pay the wife a lump sum to capitalise the maintenance, thereby achieving a clean break between the parties.
New Relationship Considerations
- Clear documentation of financial arrangements with a new partner helps demonstrate financial independence if maintenance is challenged.
- Detailed records of separate finances should be maintained through bank statements and household expense records.
- A formal cohabitation agreement can clarify financial arrangements and protect maintenance payments.
- Separate bank accounts and clear financial boundaries help demonstrate continued need for maintenance.
Children
Child maintenance obligations continue regardless of either parent’s new relationships, ensuring children’s needs remain paramount. Step-parents may acquire financial obligations toward step-children if they have treated them as children of the family.
Existing court orders regarding children’s living arrangements remain enforceable despite new relationships.
What to do if you enter into a new long-term relationship with outstanding financial issues after divorce
- Legal advice should be sought at the earliest indication of new relationships affecting existing orders.
- A comprehensive financial review before remarriage helps identify potential issues and necessary protections.
- Changes in circumstances should be documented contemporaneously to support future applications.
- Long-term implications of new relationships on existing orders should be carefully considered.
Common Pitfalls to Avoid
- Failing to disclose new relationships can damage credibility in future court proceedings and potentially lead to costs orders.
- The assumption that cohabitation automatically affects maintenance in the same way as remarriage can lead to premature cessation of payments.
- Neglecting to update legal documents after remarriage can result in unintended consequences for asset distribution.
- Mixing finances without clear documentation makes it difficult to protect separate assets and maintain existing orders.
- Delaying legal advice until problems arise often results in more expensive and complex solutions.
Contact Us
If you are considering remarriage or cohabitation after divorce, or if your former spouse has entered into a new relationship, we recommend seeking early legal advice to understand your position and protect your interests. Our experienced team can guide you through the implications for your specific situation and help you make informed decisions about your future.
