People are remarrying after divorce uk at an increasing rate. Couples who are separated or whose civil partnership has ended should know what the legal and financial effects of getting married again will be for them and their family.
You may be divorcing because you met someone new, or you may have found love again while you are going through the divorce process and want to marry that person. If you want to get married again after a divorce, you may be wondering how long you have to wait. The answer is here.
As soon as you get your Decree Absolute proving your divorce, you can get married again right away. After a divorce, there is no “cooling off” time before getting married again. But it’s important to make sure that the law recognises that your first marriage is over. You might be breaking the law if you get married again before the formal end of your first marriage.
If you’re wondering how soon after divorce can you remarry in UK, the answer is that you can remarry immediately after receiving your Final Order. There is no mandatory waiting period, but you must provide legal proof of your divorce when giving notice at the registry office.
Am I lawfully divorced?
In England and Wales, divorce and dissolution are two-step procedures. Getting the conditional order (formerly decree nisi) is the first step, and getting the final order (previously decree absolute) is the second. The final order is frequently postponed while the parties settle their financial claims against one another and can only be imposed six weeks and one day following the conditional order.
You cannot get married again if you have already been married or in a civil partnership unless you have the final order, and you will need to prove your marital status before you can get married again. In England, it is illegal to marry someone while you are already married, and you may face harsh legal repercussions.
Consult with one of our knowledgeable family attorneys if you are worried about how soon after divorce can you remarry? Or want to know more about whether I need proof of divorce to remarry UK? we’re here to help you.
A person’s financial settlement may be impacted if they start dating someone else while their divorce and related legal processes are still ongoing. The settlement may take into account the financial resources of the new spouse, particularly if they are living together. You can get advice from a family lawyer with expertise on when this might be the case and how it might affect any existing legal processes.
Has my former marriage’s financial matter been settled?
If financial issues from a prior marriage remain unresolved, a remarriage might have unexpected financial impacts. This is particularly valid if there is a property that still requires attention.
It’s crucial to safeguard your financial situation before getting married again if you and your ex-spouse have made informal financial agreements. Any agreement can be turned into a formal consent order, which the court will subsequently sign and seal.
In some situations, unless your ex-spouse consents or applies for one themselves, being married again may prohibit you from applying for a financial order and, consequently, from addressing these financial concerns.
You can simply call and get information for additional details on how long after divorce can you remarry.
After you remarry, your ex-spouse could still be able to file an application against you if the financial arrangements haven’t been settled. Your new spouse could also be required to reveal specifics about their financial situation.
If I remarry, can my ex-spouse still get money?
Yes, provided that your ex-spouse has not remarried and that your divorce financial settlement was not completed during the divorce process, they may still be able to pursue a financial claim against you if you have remarried. However, your ex-spouse could no longer be eligible for spousal support if they get married again or form a new civil partnership.
Contact a member of our divorce law team if you have any questions about how remarriage can impact your ex-partner’s ability to file a financial claim against you, or vice versa. They can also explain your legal situation and your choices. And you’ll be briefed about how long after divorce can you get remarried?
Do I need to recalculate my child’s maintenance?
The child support you are paying will need to be recalculated, as determined by the Child support Service, if you are the one who is paying it and your new spouse has children from a previous relationship who live with you, or if you have children together. Depending on how many children you currently have living with you, your income will be decreased by varying amounts.
Your child maintenance will not be recalculated if you remarry while you are the recipient of child maintenance. To avoid a possible decrease in child maintenance if the paying party is living with stepchildren, you could want to discuss with them how much they will pay after their remarriage if they inform you that they are getting married again.
How will this affect my ex-spouse’s children?
It’s crucial to think about how your remarriage may affect any previously decided or mandated arrangements for your kids, particularly if you and your new partner are thinking about relocating to a different region or nation.
You will require the consent of the other parent or the court’s approval to relocate, particularly to a different country, if you are the parent with whom the children reside and spend the most of their time. To alter the children’s school, doctor, or last name, for example, you will also need the consent of the other parent or the court’s approval if they have parental responsibility.
You should think about how your plans for spending time with your children from a previous marriage would change if you, as the non-resident parent, decide to relocate within England and Wales or even overseas. It could be necessary to modify an earlier agreement or court order to account for the children’s potential effects as well as the length and frequency of the increased travel. For instance, it might not be feasible for the kids to spend less time with you; consequently, longer vacations or more regular weekends would be more appropriate. You could also think about things like volunteering to pay the extra travel expenses or taking on the majority of the extra travel that comes with your move.
Should I draft a new will after getting married again?
Remarrying instantly nullifies any previous will you may have had (unless it specifically called for that remarriage). It is crucial to create a new will that takes into account your current situation.
Inheritance issues can also be complicated by remarriage, especially if stepchildren and children are involved. When reviewing your will and estate arrangements, you should take into account your desire to provide for your new spouse after your death while also making sure that your children from a prior relationship are taken care of. Your intentions must be precisely represented in your will.
Do I require a prenuptial agreement?
In order to preserve your individual assets in the event of a future separation or divorce and to clearly specify financial agreements, you should think about signing a prenuptial agreement with your new spouse before you get married again.
In the event that your marriage fails, prenuptial agreements might be crucial for safeguarding your assets. Similarly, assets earned during a marriage or civil partnership may be protected by postnuptial agreements. This is especially crucial if there is an asset imbalance, either present or projected. Additionally, you could have money from a past relationship that you would like to ring-fence. In the event that something goes wrong, you will know exactly where you stand, and your intentions at the time of your marriage are documented.
For thorough guidance on prenuptial or postnuptial agreements, get in touch with our attorneys.
Frequently Asked Questions
Is there a waiting period to remarry after divorce?
If you’re wondering how long after getting divorced can I remarry in the UK?, then no waiting period is specified. After you obtain your final order, you are free to be married again whenever you like.
Can you remarry the same person after divorce UK?
Yes, you can remarry the same person after divorce in the UK. There is no legal restriction, but you must go through the normal marriage process, including giving 28 days’ notice. It’s also wise to resolve any financial matters from the previous marriage before remarrying.
Before getting married again, should I tell my ex-spouse?
Notifying your former spouse before getting married again is not required by law. Doing so could be regarded as respectful, particularly if you have children or financial obligations in common.
Can my ex-wife claim money after I remarry UK?
Your ex-spouse can still be able to collect your pension if you get married again and don’t have a financial order from your first marriage.
In the absence of a financial order, financial relationships continue to exist beyond the final divorce decree. Your remarriage does not affect your ex-spouse’s financial claims against you, but it may affect your financial claims against them.
What effects will remarriage have on my possessions and finances?
Your new spouse will have financial claims against you when you are married again. A prenuptial agreement is something you should think about before getting married again. Also, a prenuptial agreement may safeguard the assets of both you and your prospective spouse by governing the distribution of assets in the case of a divorce. Since marriage immediately revokes an existing will, you might also need to evaluate your estate planning and will.
Can I get married without divorce papers in the UK?
No, you cannot get married without divorce papers in the UK. You must provide a Final Order (formerly Decree Absolute) as proof that your previous marriage has legally ended.
