So says the ABBA song and as we hit wedding season, so will many brides and grooms. A number of them will be saying it for maybe the second or third time. So, if this isn't your first time of getting married, what are some of the issues for you to think about?
- The Final Order (formerly Decree Absolute) - it may seem obvious, but you can't marry someone new if you are not divorced from your previous spouse. You must therefore make sure that the final order has been granted, you will need to produce this or your Decree Absolute if you divorced under the old process. Therefore, also be cautious about booking a wedding before your divorce is finalised in case there is a delay in finalising things.
- Financial Remedy Order - has it been granted? Whilst not finalising the financial matters doesn't prevent you from marrying again, if they haven't been addressed you may need to issue an application to protect your position. If you were the respondent in the divorce application, you will be prevented from applying under the Matrimonial Causes Act for resolution of your financial claims once you have remarried. It will also be necessary for you to disclose your new partner’s financial resources, which become a resource available to help meet your needs. They are not however assets to be shared with your former spouse.
- Spousal maintenance - if you are in receipt of a payment from your former spouse, this will stop once you remarry. It is the right thing to tell your former spouse that you are getting married again.
- Prenuptial Agreement - having been through one divorce, you may want some certainty regarding financial outcome in case this marriage breaks down. Also, you may be bringing assets into the marriage which comprised your settlement from your previous marriage and would want to protect those assets in the event of a second divorce. This may be a consideration if you have children from your first marriage. Don't leave it until the last minute to deal with this - a prenuptial agreement should be completed at least 28 days before the date of the marriage.
- Child maintenance - if you pay child maintenance in respect of children from your first marriage, your payment may alter if you marry someone who has children or if you go on to have children with your new partner.
- Will - marriage revokes a Will, so consider having a new Will drawn up in contemplation of marriage. Again, this will be important if you have children from your previous marriage.
If you are affected by any of the issues referred to above and require advice, please contact the family team here.
The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.
